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2023 Supreme(Del) 859

SANJEEV NARULA
Worknest Business Centre Llp – Appellant
Versus
Worknests Through Sh Rajesh Goyal – Respondent


Advocates appeared:
Mr. Sachin Gupta, Ms. Jasleen Kaur, Ms. Swati Meena and Ms. Yushi Agrawal, Advocates, for the Plaintiff.
Mr. Sanjoy Kr. Ghosh and Ms. Rupali Ghosh, Advocates, for the Defendant.

JUDGMENT

Sanjeev Narula, J.

I.A. No. 8773/2020 (u/Order XXXIX Rules 1 & 2 r/w Section 151 of the Code of Civil Procedure, 1908)

1. Plaintiff No. 2 - Mr. Prithvi Raj Batra, the founder of Plaintiff No. 1 firm namely, Worknest Business Centre LLP, is the registered owner of device mark/ logo "[IMG]" in classes 35 and 36, which is associated with real estate advertising, marketing, financing, investment, consultancy and other related services [hereinafter, "Plaintiffs' registered mark"]. Plaintiffs seek an interim injunction against Defendants' use of the mark "WORKNESTS" and domain name "www.worknests.com", pending final adjudication of the suit.

FACTS SET OUT IN THE PLEADINGS

2. In 2018, Mr. Prithvi Raj Batra coined the term "WORKNEST" with an aim to offer co-working spaces to budding businesses, freelancers etc. at affordable prices. Presently, they are running their business in Noida, Uttar Pradesh, but intend to expand pan-India and develop multiple co-working spaces in the coming years. The device mark "[IMG]" was entered into the register on 15th December, 2018, with deemed date of registration as 16th June 2018 in the name of Plaintiff No. 2 in classes 35 and 36.1[Under applica

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