The central legal point established in the judgment is the court's application of the provisions of Section 124 of the Trade Marks Act, 1999, and Section 9 of The Trade and Merchandise Marks Act, 1958, in granting an injunction to protect the registered trade marks of the plaintiffs.

G.S. Sistani, J. (Oral)

1. Plaintiffs have filed the present suit for injunction, damages for infringement of trade marks, passing off and unfair competition against the defendants for misuse of the plaintiff’s trade mark Agarwal Packers and Movers, Agarwal Packers, DRS Packers and Movers, DRS Logistics and DRS Group word/logo by the defendants.

2. Issue summons in the suit to the defendants. Mr.L.B. Rai, Advocate, accepts notice on behalf of the defendants. It may be noticed that on the last date of hearing, Mr.Sudheer Sharma, Advocate, had appeared on behalf of the defendants in this matter, and at his request the matter was adjourned for today to enable him to seek appropriate instructions in the matter. Mr.L.B. Rai, learned counsel for the defendants, submits that although he has been able to persuade defendants to make certain changes, formal instructions are yet to be received.

3. Let written statement be filed by defendants within thirty days from today. Let replication, if any, be filed by plaintiffs within thirty days thereafter. Parties will file documents, which are in their possession and power within the same period.

4. List the matter before Joint Registrar for admission/denial of documents on 17.4.2014.

5. List the matter before Court for framing of issues on 26.5.2014, when parties shall bring suggested issues to Court. Meanwhile, it will be open for the parties, as suggested by learned counsel for the defendant, to explore the possibility of an amicable settlement during the pendency of the suit. It is made clear that this order will not come in the way of the parties for such an endeavour.

I.A. 3345/2014 (Order XXXIX Rules 1 and 2 CPC)

1. Notice. Learned counsel for the defendants accepts notice.

2. As per the plaint, plaintiffs are leading packaging, moving and logistics service provider engaged inter alia in the business of providing public carriers and carriers for goods, passengers, merchandise, commodities and other products including transportation of goods and luggage of all kinds and description, in any part of India and elsewhere by any mode of transport. The plaintiffs claim to have commenced his business under the name and style of M/s Agarwal Packers and Movers in the year 1988. The trade mark ‘Agarwal Packers and Movers’ and DRS Group (Logo) stand registered in the name of plaintiff no.1 in Class 39 besides various other registered trade marks of the plaintiff. Details of registrations of the plaintiffs’ trade mark have been extracted in para 5 of the plaint. The registrations are stated to be valid and subsisting. In para 6 of the plaint, year-wise details with regard to annual figures of the turnover of the plaintiffs have also been extracted in the plaint. In para 7 of the plaint, the plaintiffs have also extracted year-wise details with regard to the expenses incurred by them on advertisement.

3. Learned counsel for the plaintiffs submits that the plaintiffs have been very vigilant in protecting their intellectual property rights and the plaintiffs have filed various suits in this Court, some of which have been disposed of and others are subjudice. Counsel further submits that orders of injunction have been granted, which continue till date. In support of the above submission, counsel for the plaintiffs has drawn the attention of the Court to para 14 of the plaint wherein details of as many as seven suits have been extracted.

4. Learned counsel for the plaintiffs submits that in the month of April, 2013, the plaintiffs learnt about the misuse of their well known trade mark Agarwal Packers and Movers as well as their corporate name and trade mark DRS by defendants by using the name PRS Agarwal Packers and Movers Private Limited. Counsel further submits that the defendants are using the domain name www.aggarwalmoverspackers.com, www.agarwalpackersbangalore.net and www.agarwalpackersmovers.net which are virtually identical/deceptively/confusingly similar to the plaintiffs’ trade mark ‘Agarwal Pa