Rahul Jain vs Kalpesh Kumar
2023 Latest Caselaw 2493 Kant

Citation : 2023 Latest Caselaw 2493 Kant
Judgement Date : 23 May, 2023

Karnataka High Court

Rahul Jain vs Kalpesh Kumar on 23 May, 2023

Bench: H T Prasad

                                           -1-
                                                   MFA No. 5241 of 2021




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 23RD DAY OF MAY, 2023

                                       BEFORE
                  THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
               MISCELLANEOUS FIRST APPEAL NO. 5241 OF 2021 (IPR)


               BETWEEN:

               RAHUL JAIN
               SON OF SRI MAHAVEER JAIN
               AGED ABOUT 28 YEARS
               PROPRIETOR, KALPAVRUKSH TRADERS
               NO. 37/44, GROUND FLOOR, 2ND CROSS
               NEAR R K PUBLIC SCHOOL
               AVALAHALLI MAIN ROD,
               AVALAHALLI TIMBER YARD LAYOUT
               NEAR TUNGA BAR AND RESTAURANT
               MYSORE ROAD,
               BENGAURU 560 026
                                                           ...APPELLANT

               (BY SMT. ARPITHA ANANTHRAM H., ADVOCATE)
Digitally
signed by C    AND:
MALATHI
               KALPESH KUMAR
Location:      SON OF SRI BHAWARLAL
High Court     AGED ABOUT 35 YEARS
of Karnataka   PROPRIETOR, ARIHANT IMPEX
               NO. 45-4, 3RD CROSS
               NEW TIMBER YARD LAYOUT
               BENGALURU 560 026
                                                          ...RESPONDENT

               (BY SRI. ABHISHEK N V., ADVOCATE)

                    THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
               AGAINST THE ORDER DATED 27.09.2021 PASSED ON IA NO.4
                                       -2-
                                                    MFA No. 5241 of 2021




IN O.S.NO.5055/2020 ON THE FILE OF THE XVIII ADDITIONAL
CITY CIVIL JUDGE, BENGALURU, (CCH NO.10), ALLOWING IA
NO.4 FILED U/O.39 RULE 4 R/W SEC.151 OF CPC.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                              JUDGMENT

This appeal under Order XLIII Rule 1(r) of CPC is

filed by the plaintiff in O.S.No.5055/2020, challenging the

order dated 27.09.2021 passed by the XVIII Additional

City Civil Judge, Bengaluru on I.A.Nos.2 to 4 whereby the

trial Court has dismissed I.A.Nos.2 and 3 filed by the

plaintiff under XXXIX Rules 1 and 2 of CPC and allowed

I.A.No.4 filed by the defendant under Order XXXIX Rule 3A

and 4 of CPC.

2. The plaintiff has filed a suit seeking for the

following reliefs:

"a) To issue an order of perpetual/permanent injunction restraining the Defendant and it's employees, servants, agents or any person/s acting or claiming under them in whatsoever capacity, from carrying on the business of manufacturing, selling, marketing, distributing and in any manner trading with products, goods or services under the

MFA No. 5241 of 2021

mark/name/label "Kiosk", tagline "The New

Generation To Interiors" and " ", with similar name, font, design, get-up, pattern, which is both visually and phonetically deceptively similar or in any manner whatsoever causing infringement of the Plaintiff's Trade Mark/word mark/label mark and/or

brand name " " bearing TM No.4378783 and TM No.4378784;

b) To issue an order of perpetual/permanent injunction restraining the Defendant, its employees, servants, agents or any person/s acting or claiming under them in whatsoever capacity, from carrying on the business of manufacturing, selling, marketing, distributing and in any manner trading with products, goods or services under the mark/name/label "Kiosk", tagline "The New

Generation To Interiors" and " ", with similar name, font, design, get-up, pattern, which is both visually and phonetically deceptively similar or in any manner whatsoever causing passing off of the Plaintiff's Trade Mark/word mark/label mark and/or

brand name " ";

MFA No. 5241 of 2021

c) To deliver-up to the Plaintiff all material, labels, cartons, unsold goods in stock, delivery challans, invoices, goods-in-transit or warehouse,

etc., with the mark/name/label " ", with similar name, font, design, get-up, pattern, which is deceptively similar to the Plaintiff's Trade Mark/word

mark/label mark and/or brand " ", sales of

products with the mark/name/label " " with similar name, font, design, get-up, pattern, which is deceptively similar to the Plaintiff's Trade Mark/work

mark/label mark and/or brand " ";

d) Grant costs of these proceedings; and

e) Grant such further relief/s or order/s that this Hon'ble Court deems fit to grant on the facts and in the circumstances of the case, in the interest of justice and equity."

3. During the pendency of the suit, the plaintiff

has filed I.A.Nos.2 and 3 under XXXIX Rules 1 and 2 of

CPC seeking temporary injunction restraining the

defendant and it's employees, servants, agents or any

MFA No. 5241 of 2021

person/s acting or claiming under them in whatsoever

capacity, from carrying on the business of manufacturing,

selling, marketing, distributing and in any manner trading

with products, goods or services under the

mark/name/label "Kiosk", tagline "The New Generation To

Interiors" and "Kiosk", with similar name phonetically

deceptively similar or in any manner whatsoever causing