Deliberate infringement, continuous insistence on persisting with infringing activity, and contumacious disobedience of the injunction order warrant punitive action and a permanent injunction.

JUDGMENT (Oral)

1. The plaintiff is a private limited company engaged in hospitality and allied services. The plaintiff runs what is known as a "Cultural Living Museum" by name SADDA PIND with the logo [IMG].

2. The plaintiff possesses word mark registrations, under the Trade Marks Act, 1999, in respect of the word mark SADDA PIND, as well as the device marks [IMG] and [IMG] with effect from 16th October 2015, 15th February 2016 and 19th September 2017 respectively.

3. The outlet of the plaintiff, it is submitted, provides, inter alia, restaurant and boarding services.

4. The plaint instituted by the plaintiff further asserts that, in a short period of time, the plaintiff has acquired considerable goodwill in its word mark as well as its device marks. The plaintiff has also provided figures of its annual turnover which, during the year 2021-22, was to the tune of Rs.13.82 crores. It is also asserted, in the plaint, that the plaintiff has invested considerable amounts towards advertisement and promotional activities which, during the year 2021-22, is to the tune of Rs.26,69,000/-.

5. The plaintiff also runs a dedicated website www.saddapind.co.in and enjoys significant presence on social media websites such as Facebook, Instagram, Twitter and LinkedIn.

6. The logo [IMG] is also registered in favour of the plaintiff as an original artistic work vide Registration No. A-126451/2018 under the Copyrights Act, 1957.

7. The plaintiff submits, therefore, that it possesses enforceable rights against infringement or passing off of its marks, both under common law as well as statute.

8. The defendant is stated to be running a restaurant using logos [IMG] and [IMG] which are identical to that of the plaintiff, in Rajasthan. On coming to know of the said fact, the plaintiff issued a cease and desist notice to the defendant on 31st May 2022, requesting the defendant to discontinue use of the infringing marks. The defendant, instead of doing so, replied on 18th July 2022, contesting the allegation of infringement and terming the similarity of the mark as purely coincidental. According to the averments in the plaint, though the plaintiff came to know that the plaintiff had applied for registration of the mark SADDA PIND, no such application could be found from the website of the Registrar of Trademarks.

9. It was in these circumstances that the plaintiff instituted the present suit, essentially alleging infringement of the plaintiff's registered trademarks as well as copyright and passing off, by the defendant, of its services as associated with the plaintiff. The prayer clause in the suit reads thus:

"In view of the foregoing facts and circumstances, the Plaintiff respectfully prays that the following reliefs be granted in its favour:

a. A decree of permanent injunction restraining the Defendant its business associates, partners, directors, principal officers, family members, servants, agents, dealers, distributors, franchisees and anyone acting for and on its behalf from selling, offer to sell, manufacturing advertising, promoting or in any other manner using Plaintiff's registered trademarks SADDA PIND, [IMG] and [IMG] and/or any other identical/deceptively similar mark with respect to services falling under Class 43 and any other cognate and allied goods/services in any manner, so as to result in infringement of Plaintiff's registered trademarks SADDA PIND, [IMG] and [IMG].

b. A decree of permanent injunction restraining the Defendant its business associates, partners, directors, principal officers, family members, servants, agents, dealers, distributors, franchisees and anyone acting for and on its behalf from selling, offer to sell, manufacturing, advertising, promoting or in any other manner using PIND Plaintiff's original artistic work [IMG] and/or any substantial reproduction thereof, so as to result in infringement of Plaintiff's copyright.

c. A decree of permanent injunction restraining the Defendant, its bus