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 marks under Section 2(g) of the Trade Marks Act. The turnover of the Plaintiff for the year 2016- 17 is claimed to be in the vicinity of Rs.6 crores. The trademarks of the Plaintiff are registered, and details of the same are as under:

Mark	Registration No. and date	Class	User	Valid upto
CASH FOR GOLD	2626911 13.11.13	14	14.12.12	13.11.23
GOLD BUYERS	2660870 17.1.14	14	28.12.12	17.01.24
WE BUY GOLD	2660869 17.1.14	14	28.12.12	17.01.24

3. The Plaintiff has filed the present suit being aggrieved by the Defendants' use of the marks “24 Karat Cash for Gold”, “Sona Do Paise Lo”, “24 Karat Cash for Gold”, “Cash for Gold” and “We buy Gold, Silver, Diamonds.”. It is claimed that the Defendants are using identical marks for identical services and businesses. The Defendants had applied for the registration of four trademarks, all of which were objected by the Trademark Registry. The details of the said trademark applications are as under:

Trademark	Application No. & Date	Class	User	Status
CASH FOR GOLD	2792772 19.8.14	35	10.5.13	Objected
24 KARAT CASH FOR GOLD	2568012 22.7.13	14	24.4.13	Objected
24 KARAT CASH FOR GOLD	2792770 19.8.14	14	10.5.13	Objected
24 KARAT CASH FOR GOLD	2792771 19.8.14	35	10.5.13	Objected

4. It is further stated that the Defendants had also opposed the Plaintiff's trademarks. However, due to non-filing of evidence, the oppositions filed by the Defendants were abandoned and the Plaintiff's trademarks proceeded for registration. The order granting registration to the Plaintiff's marks was appealed in the Intellectual Property Appellate Board (hereinafter “IPAB”) and the IPAB vide order dated 18th October, 2018 has upheld the registrations of the Plaintiff.

5. Thus, as on date, the Plaintiff's registrations are confirmed by the IPAB. The marks are identical and so are the businesses/class of goods and services. Accordingly, injunction and damages are sought.

6. Initially, when the suit was listed on 31st August, 2018, the Defendants had appeared on Caveat and after hearing the parties, the following order was passed:

“....

9. The case of the Plaintiff is that it coined the trademark “Cash For Gold” in the year 2012 and began use of the same. The Plaintiff has three registered trademarks bearing registration nos. 2626911, 2660870 and 2660869 in class 14. The trademarks used and registered by the Plaintiff are for “Cash For Gold”, “Gold Buyers” and “We Buy Gold” respectively.

10. According to the Plaintiff, t