Back
PRATHIBA M. SINGH
Kamdhenu Limited – Appellant
Versus
Raghunath Virdharam Bishnoi – Respondent
JUDGMENT
Prathiba M. Singh, J. - This hearing has been done through hybrid mode.
I.a. 4506/2022 (for direction)
2. The present application has been filed by the Plaintiff-Kamdhenu Limited, seeking various directions qua the illegal use of the term/mark/name 'Kamdhenusteel' in various forms by known and unknown Defendants.
3. The background of this case is that the Plaintiff adopted the trademark 'Kamdhenu' in 1994 and has been manufacturing, selling and offering for sale various products including TMT Bars, Cement, Real Estate, etc. It is stated to be an ISO 9001:2008 certified company, with a market share of around 20% of retail branded TMT Steel Bars in India. The Plaintiff is also the registered owner of the trademark 'Kamdhenu' and its formative marks, in various classes, including in Classes 6 and 35, registered between the years 1996 and 2008. The flagship website/domain names of the Plaintiff are 'www.kamdhenuispat.com' and 'www.kamdhenulimited.com', stated to have been registered in 1999 and 2016.
4. The Plaintiff realized sometime in 2021 that one Sh. Raghunath Virdharam Bishnoi-Defendant No.1 with the address 5/2, Club Road, Punjabi Bagh, Delhi and the email address - bishnoi
The central legal point established in the judgment is the protection of trademarks and goodwill, leading to stringent measures to prevent trademark infringement and fraud.
Court emphasized the urgency of protecting trademark rights against fraudulent domain registrations and impersonation, asserting a prima facie case for immediate injunctive relief.
The court affirmed the plaintiffs' rights against infringement and passing off, validating their trademarks through established goodwill and allowing for summary judgment due to the defendant's non-a....
The court upheld the trademarks' protection against infringement, emphasizing the role of well-known trademarks in deterring cyber-squatting and unauthorized usage.
The court emphasized that private complaints must comply with jurisdictional prerequisites, and prior arbitration findings conclusively resolved the domain ownership dispute, rendering the FIR unfoun....
Court affirmed the need for immediate injunction against unauthorized use of registered trademarks to prevent fraud and protect brand goodwill, recognizing the plaintiffs' established rights.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
