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VIBHU BAKHRU, AMIT MAHAJAN
Provident Housing Ltd – Appellant
Versus
Central Park Estates Pvt Ltd. – Respondent
JUDGMENT :
VIBHU BAKHRU, J.
1. Provident Housing Limited (hereafter ‘the appellant’) has filed the present appeal impugning an order dated 17.02.2020 (hereafter ‘the impugned order’) passed by the learned Single Judge, whereby the respondents’ application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 was allowed and the appellant was restrained from using its trade mark/name.
2. The appellant states in the month of December, 2018, it began promoting two residential blocks named ‘Provident Central Park’, at its real estate project ‘Provident Park Square’. The appellant claims that it had spent an amount of approximately Rs.1.83 crores in promoting the aforesaid project and the two residential blocks in question. The appellant thereafter, adopted the marks “PROVIDENT CENTRAL PARK” and “ ”.
3. The respondents state that in the year 1999, respondent nos. 3 and 4 conceptualised, conceived and adopted the residential project “CENTRAL PARK”, after obtaining a government license for development of the residential project at Golf Course Road, Sector-42, Gurgaon. The respondents claim that they are the proprietors of the registered trademarks “CENTRAL PARK/, “CENTRAL PARK
The registration of a device mark protects the mark as a whole and not any constituent feature, and the allegedly offending mark, when viewed as a whole, should be compared to the registered trademar....
The use of marks that highlight a prominent feature identical to an existing registered trademark is likely to cause consumer confusion, warranting protection under trademark law.
The court emphasized likelihood of consumer confusion in trademark law, holding that similar marks can infringe established trademarks regardless of differences in service or field, thus supporting t....
The court upheld the plaintiff's rights as the prior user and registered owner of the trademark, granting an injunction against the defendant's use of a similar mark due to the likelihood of consumer....
Point of law: Trade mark copyright - Where there is/are a common element/elements in the marks of plaintiff and defendant which is also contained in a number of other marks in use in the same market,....
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