Case Note & Summary
The plaintiff, Bhavesh Suresh Kataria, proprietor of Kataria Jewellery Insurance Consultancy, filed a suit for trademark infringement and passing off against Kataria Insurance Brokers Pvt. Ltd. The plaintiff claimed to have started offering life and general insurance policies in 1999, and from 2004 onwards under the name 'KATARIA INSURANCE CONSULTANCY'. The plaintiff obtained registered trademarks for 'KATARIA' (Registration No. 1969420) and 'KATARIA INSURANCE CONSULTANCY' (Registration No. 4174551) in Class 36 for insurance services. The defendant, a company incorporated later, began using the mark 'KATARIA INSURANCE' and the domain name www.katariainsurance.co.in, which the plaintiff alleged were deceptively similar to its registered marks. The plaintiff sought an interim injunction restraining the defendant from using the impugned mark, domain name, and corporate name. The defendant did not appear despite service. The court, after hearing the plaintiff's counsel, found that the plaintiff had made out a prima facie case of infringement and passing off. The court noted that the marks were identical and the services were the same, leading to a likelihood of confusion. The balance of convenience was in favor of the plaintiff, and irreparable injury would be caused if the injunction was not granted. Accordingly, the court granted an interim injunction in terms of prayer clauses (a) and (b) of the interim application, pending the disposal of the suit.
Headnote
A) Trademark Law - Infringement - Registered Trademark - Sections 28, 29 Trade Marks Act, 1999 - Plaintiff sought interim injunction against defendant using 'KATARIA INSURANCE' for insurance services - Court held that plaintiff's registered marks 'KATARIA' and 'KATARIA INSURANCE CONSULTANCY' in Class 36 are infringed by defendant's use of identical/deceptively similar mark - Defendant's use likely to cause confusion and damage plaintiff's goodwill - Injunction granted (Paras 1-3, 4-5). B) Trademark Law - Passing Off - Unregistered Rights - Common Law - Plaintiff claimed passing off based on prior use and reputation since 1999 - Court found plaintiff had established goodwill and reputation in 'KATARIA' for insurance services - Defendant's adoption of similar mark and domain name likely to deceive public - Injunction granted to prevent passing off (Paras 4-5). C) Civil Procedure - Interim Injunction - Ex Parte - Order 39 Rules 1, 2 CPC - Defendant failed to appear despite service - Court proceeded ex parte and granted interim injunction - Held that plaintiff made out a prima facie case, balance of convenience in favor of plaintiff, and irreparable injury would be caused if injunction not granted (Paras 2-3).
Issue of Consideration
Whether the plaintiff is entitled to an interim injunction restraining the defendant from using the mark 'KATARIA INSURANCE' and related domain name/corporate name, pending trial, on grounds of trademark infringement and passing off.
Final Decision
The court allowed the interim application and granted an interim injunction restraining the defendant, its directors, employees, agents, etc., from infringing the plaintiff's registered trademarks by using the impugned mark 'KATARIA INSURANCE', domain name www.katariainsurance.co.in, and corporate name containing 'KATARIA INSURANCE' or any deceptively similar mark, pending disposal of the suit.
Law Points
- Trademark infringement
- passing off
- interim injunction
- deceptive similarity
- well-known trademark
- domain name infringement
- corporate name infringement
