TMI Blog2013 (2) TMI 844X X X X Extracts X X X X X X X X Extracts X X X X ..... e suit and notice of the application for interim relief were issued to the defendant. The plaintiffs filed affidavit of service with proof of delivery of summons on the defendant. However, vide order dated 12.10.2012, fresh summons of the suit were issued to the defendant. Another affidavit of service together with report generated from the website of DHL Couriers was filed and on perusal whereof, the Joint Registrar was satisfied that the shipment had been delivered on 16.11.2012. None appeared for the defendant. Accordingly, the matter has been placed before this Bench for appropriate orders against the defendant. Today also none has appeared for the defendant. The counsel for the plaintiffs presses for interim injunction. 3. The plain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , besides being verified, is also supported by affidavits of the plaintiffs. I fail to fathom any reason for according any additional sanctity to the affidavit by way of examination-in-chief than to the affidavit in support of the plaint or to any exhibit marks being put on the documents which have been filed by the plaintiffs and are already on record. I have therefore heard the counsel for the plaintiffs on merits qua the relief of injunction. 6. The plaintiffs have pleaded: (i) that the three plaintiffs viz. Satya Infrastructure Ltd., Satya Developers Pvt. Ltd. and Satya Holdings Pvt. Ltd. have been incorporated in accordance with the provisions of the Companies Act, 1956 and all belong to what is known as the Satya Group‟, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k Act, 1999 for the exclusive use of the Trademark SATYA , its variants and most of its group marks and has already obtained registration on 02.01.2006 and 04.07.2006 of SATYA Logo and SATYA Group Device respectively and as many as 14 other applications are pending. (ix) That the Trademark SATYA features prominently in print and electronic media having wide circulation and the promotional and developmental expenses incurred by the plaintiffs since the year 2006 onwards are in the region of ₹ 1.5 crores. (x) SATYA has attained the distinction of a well known mark. (xi) That the defendant Company was incorporated on 05.09.2009 to carry on business inter alia of real estate development and construction. (xii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... copies of other pending applications of the plaintiffs for registration of trademark. (v) The advertisements published by the plaintiffs again under the mark SATYA Group. (vi) Ex parte order dated 28.02.2011 in CS(OS) No.483/2011 filed by the plaintiffs against the Satya Builders Pvt. Ltd., restraining the defendants therein from carrying on business under the trading name containing the mark SATYA (on enquiry it is told that the said suit is still pending for ex parte evidence). (vii) Printout from the website www.satyagroup.com and www.satyadevelopers.com detailing the activities of the plaintiffs. 8. The counsel for the plaintiffs during the hearing has informed that the Promoter Director of the plaintiffs on 18.07.2012, 27.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t a case for injuncting the defendant from carrying on business in the name of Staya Infra Estates Pvt. Ltd. and / or from, in the course of its business, use the trademark SATYA of the plaintiffs or any other mark deceptively similar thereto. 12. Section 20 of the Companies Act, 1956 also prohibits registration of a company in a name which is identical with or too nearly resembles the name by which a company in existence has been previously registered or a registered trade mark, or a trade mark which is subject of an application for registration, of any other person under the Trade Marks Act, 1999. 13. However, since the defendant would be required to rectify its name by following the prescribed procedure and which process may ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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