ORDER :

SHARMILA U. DESHMUKH, J.

1. By the present Interim Application, the Plaintiff seeks injunctive reliefs against the Defendants restraining them from infringing the Plaintiff’s copyright in the artistic work comprised in the Plaintiff’s logos viz and to restrain the Defendants from using the impugned marks i.e. AHMED AL MAGHRIBI, ‘Al Ahmed’, BIN SHAIKH, OUD & ROSES, KAAF and MARJ, and/or the impugned corporate name “Ahmed Al Maghribi LLP” and/or the domain name www.ahmedindia.com so as to pass of its impugned goods as that of the Plaintiff.

2. The Plaintiffs claim that in or around the year 2000, the Plaintiff No. 2 honestly adopted the name and trademark “Ahmed Al Maghribi” as a trading name for manufacturing and marketing of perfumes and secured a commercial license from Government of Dubai to carry on the business under the said mark. On 6th February 2009, the Plaintiff No. 2 obtained registration of the domain name “ahmedalmaghribi.com and launched a website on the said domain name displaying the goods sold under the name and mark “Ahmed Al Maghribi”, which website was accessible from all parts of India and around the world. Subsequently several sub brands were introduced and some of the marks adopted by the Plaintiffs include “Bin Shaikh, Oud and Roses, Kaaf and Marj” under the umbrella mark “Ahmed.”

3. In 2015, the Plaintiff No. 2 adopted a distinctive label mark whichwas a unique art work being an Arabic calligraphic symbol which
was designed by the employee of Plaintiff No. 2, in which the copyright subsists in the Plaintiffs. The plaint sets out the details of the trademark registrations secured in respect of the symbol symbol with Ahmed and symbol with Ahmed Al Maghribi obtained in United Arab Emirates (UAE). In October, 2020, the Plaintiff adopted themark “Ahmed Perfumes” and commercial license was secured from the Government of Dubai to carry on business under the name ‘AhmedPerfumes LLC’ and also obtained license from Plaintiff No. 2 to use the marks “Ahmed Al Maghribi and the sub brand marks and a license to use the original art work.

4. On 13th November, 2021, the Plaintiff No. 1 filed trademark application for the mark “Ahmed Perfumes” with the trademarks office UAE. The Plaintiff No 2 assigned to Plaintiff No 1 the right title and interest in the trade marks and copyright in the artistic work.

5. In so far as India is concerned, it is submitted that in or around 2018, Plaintiff No. 2 commenced exporting the goods to different countries and has effected sales in several countries including India. The Plaintiffs have created profiles on various social media platforms under the username ‘Ahmed Al Maghribi’, Ahmed Perfumes etc in 2013, 2014 and 2016, which are freely accessible in India. It is submitted that the Plaintiff's marks and goods are prominently advertised on the social media pages and the goods bearing the Plaintiff's mark have been directly available for purchase in India since at least November 2021. It is submitted that the Plaintiff's goods had a presence in India by reason of the fact that they were brought in India by person who purchased them over seas for sale or for gifting and the Plaintiff's goods enjoyed reputation and goodwill amongst the members of the trade and public even before Plaintiff No. 1 commenced selling the goods in India.

6. The Plaint further sets out the annual revenue of the Plaintiff No. 2 and also annexes the invoice issued by the Plaintiff and their licensees to purchasers in India, showing the use of the Plaintiff’s marks in India, as well as the certificate of Chartered Accountant certifying the statement of sales turnover. It is submitted that in or around July 2024, the Plaintiff No. 1 entered into an agreement with an entity in India to distribute its products in India and from July 2024, the Plaintiff has been selling its products in India through its distributor and has also obtained registration of the domain name www.ahmedalmaghribi.co.in in November 2024.

7.