Sanjeev Sachdeva, J.

IA No. 3052/2012 (under Order 39 Rule 1 & 2 CPC), IA No. 5844/2012 (under Order 39 Rule 4 CPC) and IA No. 7826/2012 (under Section 124 of Trademarks Act, 1999)

1. The Plaintiff has filed the present suit for permanent injunction thereby restraining the Defendants from infringing the registered trademark of the Plaintiff.

2. The Plaintiff claims to be the owner of a chain of hotels referred to as Taj Group of Hotels. The Plaintiff in the year 2004 adopted the mark JIVA in relation to the business of SPA. The said mark is claimed to have been continuously used and promoted by the Plaintiff world over and the public refers to the Plaintiff’s SPA services as JIVA. The first JIVA SPA was opened by the Plaintiff at Usha Kiran Palace, Gwalior. Thereafter Plaintiff claims to have launched its JIVA SPA at various locations and at the time of filing of the suit, Plaintiff claims that there were 24 JIVA SPAs located across India and abroad.

3. The Plaintiff claims to have extensively used and publicised its mark JIVA through various publicity mediums. Substantial amount is claimed to have been spent on sales promotion and promotion of the mark JIVA by the Pl