VINOD K.SHARMA. J.

( 1. ) THE applicant prays for an order of interim injunction, restraining the respondents, their men, servants, men acting / claiming or claiming to act under them, their agents, assigns or anybody claiming through or under the respondents from in any manner giving / continuing the groundless threat of action / proceedings for infringement of purported registered Trade Mark, Value Invest registered as Trade Mark No.1601369 with effect from 13.09.2007 vide Trade Mark registration certificate No.900861 dated 06.01.2011 issued by the Trade Marks Registry, Chennai, pending disposal of the main suit.

( 2. ) THE applicant M/s. Value Invest Wealth Management (India) Private Limited is a company, registered under the Companies Act. THE applicant has invoked the provision of Section 142 of THE Trade Marks Act, 1999 (hereinafter referred to as the 'Act'), praying therein as under:

"(a) declaration that the threat made by the defendants to the plaintiff company regarding initiation of legal proceedings for alleged infringement of registered trademark viz., 'Value Invest' registered as Trade Mark No.1601369 with effect from 13.09.2007 vide Trade Mark registration certificate No.900861 dated 06.01.2011 issued by the Trade Mark Registry at Chennai, vide two unsigned cease and desist notices both dated 21.07.2011 issued through its law firm which in turn has acted through its lawyers and IP consultants is a groundless threat; (b) grant a consequential permanent injunction restraining the defendants, their men, their servants, agents, assigns or anybody claiming through, or acting through them in any manner from continuing / giving or making any threat of initiation of action or proceedings for infringement of the registered trademark 'Value Invest' by means of circulars, advertisements, further legal notices or otherwise against the plaintiff company for using the trademark / trade name 'Value Invest' and Value Invest Wealth Management (India) Private Limited, either alone or in conjunction with any other trade mark or work mark either as part of it's name or as words to describe it's services; (c) pay costs of the suit; (d) and pass such further or other order or orders as this Honble Court may deem fit and proper in the facts and circumstances of the case and thus render justice."

The plaintiff / applicant claimed to be run by thorough professionals with utmost competent and integrity. The applicant deals with in the business of advising clients in investments, fund management and portfolio investment. It has won the prestigious CNBC best financial adviser award for South India continuously for three consecutive years from the day of its inception. The applicant also publishes quarterly news letters giving valuable advice and other details regarding the activities of the plaintiff company and other valuable information for keen and active investors.

( 3. ) THE applicant / plaintiff had turnover of about Rs.2 Crores in the previous year. Besides professional competent and integrity, the plaintiff is also carrying on several social responsibility for the benefit of the general public.

( 4. ) ON 23.07.2011, the applicant / plaintiff received through courier in its registered office at Chennai, a purported cease and desist notice dated 21.07.2011 from the first defendant through Globit IP Lawyers Chambers, which in turn issued notice through Lawyers and IP Consultants, claiming therein that the first defendant was the registered proprietor of the Trade Mark, viz., word mark in the name and style of "VALUE INVEST", written in a particular manner with a triangle within a circle at top 'i' and also in a particular colour combination, viz., maroon and blue.

The second copy of the same notice was again received on 26.07.2011. In the notice, the applicant was threatened of action for offending infringement of the registered Trade Mark, wherein, the applicant was also asked to pay a sum of Rs.5,000/- (Rupees Five Thousand on