The court can grant an interim injunction in cases of trademark infringement based on a prima facie case, balance of convenience, and potential irreparable harm.

ORDER :

M.L. Mehta, J.

I.A. 13704/2013 (For Exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

CS(OS) 1663/2013

Issue summons in the suit to the defendants on filing of PF/RC/taking steps by the plaintiff within a week, returnable for 9th December, 2013.

I.A. 13703/2013 (under Order XXXIX Rule 1 and 2; and Section 151 of CPC) in CS(OS) 1663/2013

1. This is an application under Order 39 Rule 1 and 2 on behalf of the plaintiff for interim injunction restraining the defendant from using the their registered trade mark ROVER with respect to modified cars identical to the RANGE ROVER EVOQUE. The plaintiff, Jaguar Land Rover Ltd. is a British multinational automotive company. The plaintiff is the registered proprietor of several ROVER formative trademarks, such as LAND ROVER, RANGE ROVER etc., in relation to Class 12 goods and services, which pertains to vehicles; apparatus for locomotion by land, air or water.

2. The plaintiff's history in terms of adoption of the mark LAND ROVER is traceable to the 1940's and by October 1948, Land Rover had obtained significant prominence and had dealers operating in 68 countries. Ever since, the plaintiff has manufactured various advanced versions of the Land Rover, viz. Land Rover Series II and IIA, Range Rover, Land Rover Defender, Land Rover Discovery and Land Rover Freelander. The plaintiff is the registered proprietor of the trade mark 'ROVER' in India since the year 1944. The plaintiff has also registered its several formative marks such as LAND ROVER, RANGE ROVER etc. in India. A detailed list of all the registered trademarks of the plaintiff is reproduced in paragraph 20 of the plaint.

3. The instant case pertains to the recent edition RANGE ROVER EVOQUE, which is available in Indian markets and is priced between 55.99 lakhs and 63.86 lakhs, depending on the variant. The defendant No. 3, Big Daddy Customs, Saroop Nagar, New Delhi; is a company that is engaged in the business of making custom made cars. Defendant No. 1 and 2 are said to be Chief Manager of Operations, and Proprietor respectively. The plaintiff has alleged that the defendants are modifying Tata Safari cars into RANGE ROVER EVOQUE look-alikes carrying the brand logo MOON ROVER. The plaintiffs contend that this amounts to infringement of registered trademarks, disparagement, dilution, tarnishing of trademarks as well as brand equity, and passing-off.

4. The plaintiff submits that it became aware of the infringing activities in early August 2012 through the defendant's website www.bigdadycustoms.in, as well as their facebook page available at www.facebook.com/bigdaddycustoms. On the said websites, the defendant was offering to modify, amongst other cars, Tata Safari vehicles into a RANGE ROVER EVOQUE look alike by changing the body kits/panels. The defendant was also branding the said RANGE ROVER EVOQUE look alike with the mark MOON ROVER.

5. With a view to amicably settle the matter, the plaintiff served upon the defendants, a Cease and Desist Letter dated August 17, 2012. In their reply, vide a Letter dated September 8, 2012, the defendant confirmed that they had made only one MOON ROVER, and that the name MOON ROVER was adopted on the suggestion of the customer who requested the said modification. The defendants also acknowledged that the brands LAND ROVER and RANGE ROVER were distinct brands of the plaintiff, and hence undertook to withdraw the use of the name MOON ROVER, along with the use of any other specific part in customized car made by them to which the plaintiff had any serious objection. The plaintiff submits that subsequent to the above letter, the parties exchanged various settlement proposals, which never fructified into an agreement. The settlements purportedly went on until early April 2013.

6. However, on August 5, 2013, the plaintiff became aware that the defendants' advertisement on their facebook page, which reads as follows:

Prices for Moon Rover mod (sic: modification) a