JUDGMENT :

1. The plaintiff instituted this suit to restrain (i) Creative Tours and Travels (I) Pvt. Ltd.; and, (ii) V.S. Abdul Karim, by way of permanent injunction from using the mark ‘CREATIVE’ and ‘TRAVEL’ or any other mark identical or deceptively similar to the plaintiff’s mark, as part of their corporate name or in relation to travel industry or for any business, trade, etc., amounting to violation of plaintiff’s statutory and common law rights, and for ancillary reliefs.

2. It is the case of the plaintiff in the plaint:

(i) that the plaintiff is engaged in the tours, travels destination management, corporate package, conferences, meetings, ticketing and other related and allied business and the plaintiff company was incorporated nearly three decades prior to the institution of the suit, in the year 1977;

(ii) that the trade name of the plaintiff company “CREATIVE TRAVEL” is also registered with the Registrar of Trade Marks vide Trade Mark No.1073370 dated 11th January, 2002 in Class 12 and vide Trade Mark No.1239864 dated 26th September, 2003 in Class 39 and vide Trade Mark No.1334239 dated 25th January, 2005 in Class 16;

(iii) that the plaintiff, in May, 2006 learnt of the defe