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IN THE HIGH COURT OF MADRAS
Vinod Kumar Sharma, J.
ISSAC ISAAC Mathai - Appellants
Vs.
Sowkhya Way2health P. Ltd. - Respondent
O.A. No. 835 to 837 of 2012 in C.S. No. 649 of 2012
Decided On : 01-03-2013
Trademark - Infringement - Trade Marks Act, 1999 - Section 9, Section 11, Section 12, Section 17, Section 35 - The court discussed the provisions of the Trade Marks Act, 1999, particularly focusing on the registration and use of the trademarks 'SOUKYA' and 'SOWKHYA WAY2HEALTH'. The court highlighted the phonetic similarity between the two names and the deceptive use of the trademark by the defendant, ultimately leading to the grant of interim injunction in favor of the plaintiffs.
Fact of the Case:
The plaintiffs filed a suit seeking declaration and injunction against the defendant for infringing their registered trademark 'SOUKYA' by using the mark 'SOWKHYA' and a deceptively similar domain name. The plaintiffs claimed that the defendant's use of the similar trademark and domain name was causing confusion and misrepresentation of their services.
Finding of the Court:
The court found that the plaintiffs were the registered owners of the trademark 'SOUKYA' and had successfully made out a prima facie case for grant of interim injunction. The court noted the deceptive use of the trademark by the defendant and the phonetic similarity between the two names, ultimately ruling in favor of the plaintiffs.
Issues: The key issues revolved around the infringement of the registered trademark 'SOUKYA' by the defendant's use of the mark 'SOWKHYA' and a deceptively similar domain name. The court also considered the delay in filing the suit and the bonafide use of the trademark by the defendant.
Ratio Decidendi: The court held that the plaintiffs, as the registered owners of the trademark 'SOUKYA', were entitled to protection against the deceptive use of a similar trademark by the defendant. The court emphasized the phonetic similarity between the two names and the deceptive nature of the defendant's use of the trademark, leading to the grant of interim injunction in favor of the plaintiffs.
Final Decision: The court granted the applications for interim injunction in favor of the plaintiffs, restraining the defendant from using the mark 'SOWKHYA' or any deceptively similar mark to 'SOUKYA', as well as directing the transfer of the deceptively similar domain name to the plaintiffs. The court emphasized that the observations made were not a final opinion on the merits of the case and that the issues raised would be decided finally after the parties lead evidence.
JUDGMENT :
Vinod Kumar Sharma, J.
1. The prayer made in each of the applications reads as under:
This application has been filed for interim injunction restraining the defendant, its men, agents, partner, associate, officer, representative, servant from passing of their services as that of the applicants/plaintiffs' by using the mark "SOWKHYA" or the applicants/plaintiffs' trade mark "SOUKYA" or any other similar trade mark pending disposal of the suit.
O.A. No. 836 of 2012:
This application has been filed for interim injunction restraining the defendant, its men, agents, partner, associate, officer, representative, servant from infringing the applicants/plaintiffs registered Trade Mark "SOUKYA under registration Nos. 904710 and 1419160 in class 5 & 42 respectively of the applicants/plaintiff by manufacturing, use, advertisement, sale, offering for sale, exposing for sale of the trademark SOWKHYA or any other deceptively similar mark to SOUKYA.
O.A. No. 837 of 2012:
This application has been filed for interim injunction restraining the defendant, its men, agents, partner, associate, officer, representative, servant from passing of their services as that of the applicants/plaintiffs' by using the domain name www.sowkhya.com or any other domain name identical or similar to the applicants/plaintiffs trademark "SOUKYA".
The applicant No. 1 is the Power of Attorney holder of Dr. Issac Mathai, the applicant No. 1/plaintiff and director of Soukya Indian Holistic Centre Private Limited, the applicant No. 2/plaintiff, a company registered under the Companies Act.
2. The plaintiffs/applicants have filed a suit for declaration that the defendant or any person drawing title through them are not entitled to infringe or attempt to infringe and pass off their services and business of the respondent/defendant by the use in connection therewith the trademark/trade name/domain name 'SOWKHYA' or any manner whatsoever, in respect of services i.e. medicinal and beauty treatments similar to "SOUKYA".
3. Consequential relief sought for is permanent injunction restraining the defendant or anybody drawing title through him from infringing the applicant/plaintiffs' registered trademark "SOUKYA" under registration Nos. 904710 & 1419160 in class 5 and 42 respectively of the applicants/plaintiffs by manufacturing, use, advertisement, sale, offering for sale, exposing for sale of the trademark "SOWKHYA" or any other deceptively similar mark to "SOUKYA" with respect to services relating to medicinal and beauty treatments.
4. Permanent injunction is also sought for restraining the defendant from passing of their services as that of the applicants/plaintiffs by using the mark "SOWKHYA" or the applicants/plaintiffs mark "SOUKYA" or any other similar trademark, and also prayed for rendition of accounts of profit made by the defendant by using mark "SOWKHYA" towards damages.
5. The prayer has also been made for mandatory injunction directing the defendant to transfer the domain name www.sowkhya.com and all other variants of the same registered in the name of the defendant or its agents etc. that are deceptively similar to the applicants/plaintiffs' domain www.soukya.com to the applicants/plaintiffs, besides claiming damages to the tune of Rs. 25,00,000/-(Rupees twenty five lakhs only) from the defendant.
6. The plaintiff/applicant No. 1 is a homeopathic doctor who has specialized in holistic medicine like homeopathy, yoga, acupuncture, etc. and began providing treatments and services relating to the said medicinal fields and complementary therapy, beauty care services, Holistic Health Clinic & Convalescent Home, Cosmetic Research Centre, Health Care Centre, Physiotherapy Centre, Massage Centre, Natural Medicine Medical Assistance, Natural Medicine Medical Clinic from the year 1998.
7. The plaintiff/applicant No. 1 in the year 1989, set up Bangalore Holistic Medical Centre at Bangalore and on 4.7.1996 incorporated the company 'Indian Holistic Health Cent
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