The chance of confusion and deception in the mind of customers was considered in determining the infringement of the registered Trade Mark.

Manmohan Singh, J.

1. The present suit has been filed by the plaintiff for permanent injunction, restraining the defendants from infringing upon the registered Trade Mark and copyright, mandatory injunction directing the defendants to stop using the plaintiff’s registered trade name (Gati), to promote or/and carry out business and for recovery of damages.

2. The plaintiff, a company having its registered office at Andhra Pradesh, commenced operations of cargo management services in the year 1989 as “Gati Desk to Desk Cargo”. It has been stated that now the plaintiff is a full-fledged logistics solutions provider employing more than 3,500 employees and having a turnover of Rs.750 crores. The operations of the plaintiff cover 603 out of 611 districts of India. The plaintiff is in the business of delivering cargo for its customers at various locations and all across the world. The plaintiff is stated to have pioneered the concept of point-to-point distribution solutions, whereby the plaintiff picks up the packages from its customers door and delivers them to the door of the consignee. The plaintiff also provides complex end-to end integrated logistic solutions like warehousing services, inventory management services, carrying and forwarding services etc. to its clients. it has also been stated that the plaintiff enjoys the trust and goodwill of a very large client base in the Country and abroad.

3. The plaintiff got “GATI” registered as a Trade Mark and Trade Name in the year 2004 and otherwise the plaintiff since the initiation of business in the year 1989 and thereafter since its incorporation in the year 1995 has been using ‘GATI’ as its trade name.

4. It has been stated that ever since the adoption of the trade name GATI, the plaintiff has spent tremendous sums of money and has put in efforts in publicizing and promoting its brand name and trade mark. It has spent huge sums of money in promotion of the brand name GATI, of which the advertising expenses for the year 2009 are stated to be Rs. 306.31 lacs.

5. In March 2010, the plaintiff for the first time came to know about the existence of defendants and the fact that the defendants are using a trade name identical to that of the plaintiff. It is the case of the plaintiff that the defendants have a website www.gatidance.com wherein the name GATI is prominently displayed in large size thereby causing the general public to reasonably believe and infer that the said website carries the display and services of the plaintiff.

6. It has been submitted that the defendants’ use of the trade name GATI is identical and phonetically similar to the trade mark GATI of the plaintiff and is bound to create confusion and deception amongst the consumers and general public at large. The defendants have adopted the impugned trade mark to encash upon the goodwill and reputation of the plaintiff. the said unauthorized use of the plaintiff’s mark is detrimental to the interest of the plaintiff and such user tries to take unfair advantage of the plaintiff’s trade mark GATI.

7. On the other hand, it is the case of the defendants that defendant No.1 is a registered non-profit charitable trust and defendant Nos. 2-6 are trustees of defendant No.1 that works to support, facilitate and promote emerging artists working in the field of dance. The defendants work for the promotion of Indian heritage of contemporary and folk dances and to facilitate children and young dances to establish themselves in the field of dance.

8. It is the case of the defendants that the goods and services offered by the defendants are entirely different from those of the plaintiff since plaintiff is offering services in class 39 i.e. transport, packaging and storage of goods, travel arrangement and defendants are offering services under class 41 i.e. education, providing of training, entertainment, sporting and cultural activities. Also while the activities of the plaintiff are commercial in nature, the activities of the defend