PRATHIBA M. SINGH, J.

I.A.11678/2018 (u/O XXXIX Rule 1 and 2 CPC) & I.A. 14796/2018 (u/S 124 of the Trademarks Act)

1. The Plaintiff has filed the present suit seeking permanent injunction restraining infringement of trademark and passing off, rendition of accounts, delivery up and damages. I.A.11678/2018 has been filed under Order XXXIX Rule 1 and 2 CPC and I.A.14796/2018 has been filed under Section 124 of the Trade Marks Act, 1999.

Plaintiff's case

2. The Plaintiff adopted the marks “CASH FOR GOLD”, “WE BUY GOLD” and “GOLD BUYERS” in the year 2012 and has been using the same in respect of its gold and precious metals business. The Plaintiff has opened various stores in Delhi and Mumbai, where customers are entertained for sale of gold, silver, diamond, antiques, watches etc. and there is immediate payment of money for the value which is ascribed to the said goods. The Plaintiff has popularised and promoted the marks in the print and electronic media along with the tagline “Get Instant Cash for Gold”. The Plaintiff claims that the three marks have become well-known mark