Establishing trademark infringement requires valid registration, identity or similarity to the registered mark, and use in relation to identical services, with consumer confusion warranting protection.

JUDGMENT :

ARIF S. DOCTOR, J.

1. The Applicant in the captioned Interim Application seeks the following substantive reliefs:

(a) pending the hearing and final disposal of the suit, the Defendant by itself, its directors, employees, servants, agents and all persons claiming under it be restrained by a temporary order and injunction of this Hon'ble Court from infringing the Plaintiff's registered trade marks bearing Registration Numbers 1969420 and 4174551, both in Class 36 by using the impugned trade mark KATARIA INSURANCE, the impugned domain name/webs www.katarisinusrance.co.in and the impugned corporate name containing the mark KATARIA INSURANCE and/or any other trade mark, domain name 10) website and corporate name containing the word KATARIA or any other trade mark, domain name, corporate name identical with and/or deceptively similar to the Plaintiff's registered trade marks in respect of the services covered by the Plaintiff's registrations or in any other manner whatsoever;

(b) pending the hearing and final disposal of the suit, the Defendant by itself, its directors, employees, servants, agents and all persons claiming through it be restrained by a temporary order and injunction of this Hon'ble Court from rendering, offering, promoting or advertising the impugned services or like services under the impugned trade mark KATARIA INSURANCE, the impugned domain name/ website www.katariainsurance.co.in and impugned corporate name containing the mark KATARIA INSURANCE and/or any other trade mark, domain name/ website and corporate name containing the word KATARIA or any other trade mark, domain name/ website and corporate name wading name and style identical with and/or deceptively similar to the Plaintiff's said well-known trade marks, domain name and said trading name and style containing the said trade mark KATARIA so as to pass off or enable others to pass off the Defendant's impugned services and/or business as and for the said well- known services and/or business of the Plaintiff or in any other manner whatsoever;

2. The Defendant has not appeared, despite being served and repeatedly informed about the listing of the matter.

3. It was thus that the Interim Application was taken up for hearing.

Facts in Brief

4. In the year 1999 the Plaintiff started the business of offering life and general insurance policies, including Jeweller’s Block Insurance Policy. Thereafter, in the year 2004, the Plaintiff started conducting the business of providing insurance policies under the name and style “KATARIA INSURANCE CONSULTANCY”.

5. In 2006, the Plaintiff decided to concentrate and develop a niche in the jewellery market, and since then, he has been offering insurance policies and related services for the "Gems and Jewellery Sector". Consequently, the Plaintiff changed its trading name and style to “KATARIA JEWELLERY INSURANCE CONSULTANCY”.

6. The Plaintiff then applied for and secured registration of the following trade marks:

7. It is the Plaintiff's case that in the fourth week of January 2014 the Plaintiff came to know that the Defendant had registered a company under the Corporate Name “KATARIA INSURANCE BROKERS PRIVATE LIMITED”. The Plaintiff thus, through its chartered accountant, addressed a letter dated 28th January 2014, to the Registrar of Companies (ROC), Ahmedabad, objecting to the Defendant’s registration of the said corporate name.

8. On 25th February 2014, the ROC informed the Defendant about t