JUDGMENT :

1. This is an action for passing of which has been instituted by the Plaintiff on the basis of its trade mark “iTerm” (Aegon Life iTerm Plus) seeking an order of injunction against the Defendant restraining it from using the mark “i-Term” (Aviva i-Term Smart) in respect of its insurance policies.

2. According to the Plaintiff, it is engaged in the business of providing life insurance, pension and other related insurance products and services in the Indian market. In the year 2009, the Plaintiff was desirous of launching online insurance policies which could be purchased by customers on the Plaintiffs website or through online aggregators, in addition to selling policies through traditional means such as via insurance agents, brokers etc. That in order to differentiate and distinguish its ‘products offering from others, and after significant deliberations, the Plaintiff coined and adopted a new, unique, distinctive and innovative trade mark being “iTerm”. The Plaintiff also conceived and adopted a stylized manner of representing the trade mark “iTerm” by using lowercase “i” and uppercase “T”. According to the Plaintiff, it was the first entity in India to offer and sell ins