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SANGEET LODHA, ARUN BHANSALI
Indra Singh Chouhan – Appellant
Versus
Bawarchi Fast Food – Respondent
JUDGMENT
Bhansali, J. - This appeal under Order XLIII, Rule 1(r) CPC r/w Section 13 of the Commercial Courts Act, 2015 ('the Act of 2015') has been filed against the order dated 08.01.2020 passed by the Commercial Court, Udaipur, whereby the application filed by the respondent under Order XXXIX, Rule 1 & 2 CPC has been accepted and the appellant-non-applicant has been restrained from using the word 'ckophZ' in Hindi and 'Bawarchi' or 'Bavarchi' in English directly or indirectly for the purpose of providing food & drink / restaurant & hotel services either himself or through his representative, franchises or servants / employees.
2. A suit for injunction under the Trade Marks Act, 1999 ('the Act') was filed by the respondent-plaintiff, inter-alia, with the submissions that the plaintiff is a partnership firm; since 1993 under the trade mark of 
(Bawarchi) it was operating a restaurant in the name of 
and since 2013 was operating a website 'bawarchirestaurant.in', through which it was advertising its restaurant and providing online facility. It was claimed that the restaurant has its goodwill and fame and is popular among tourist and general public. It was claimed that for the purpose
The central legal point established in the judgment is the importance of prior user and registration of a trade mark, likelihood of confusion due to similarity, and the lack of evidence to prove a te....
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....
The main legal point established in the judgment is that registration under the Copyright Act and Excise Act does not permit infringement of a registered trade mark. The significance of disclaimer in....
Important Point :The use of a trademark that is phonetically and visually similar to a registered trademark can lead to confusion, constituting infringement, especially when dishonest conduct is evid....
Injunction – Grant or refusal of interim injunction is absolutely discretionary power of Commercial Court keeping in mind material available before it.
A plaintiff must use their registered trademark to claim infringement; failure to do so undermines the basis for an injunction.
The main legal point established in the judgment is the lack of merit in the appellant's contentions regarding the family association with the trade mark Jain Shikanji, the maintainability of the sui....
Section 35 of the Trade Marks Act, 1999 protects bonafide use of one's own name or surname in business, emphasizing the need for honesty and bonafide intentions in using a surname as a trademark.
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