- (1.) In the instant appeal the appellant/plaintiff challenges the impugned order dated July 17, 2012, passed by the learned 5th Additional District Judge, at Alipore in T.S. No. 7 of 2012 whereby the learned Judge refused to grant ad interim injunction to the appellant against the respondents. The plaintiff is a private limited company incorporated under the Companies Act, 1956, having its registered office at 334, Joshor Road, Kalindi, Kolkata-89 and, also, a place of business at P 111, Kalindi Housing Estate Calcutta-89. The plaintiff is an established Hotel running a business of, inter alia, providing hotel and lodging services since 1974. The plaintiff's principal hotel is situated at Digha under the name and style of Hotel "SEA HAWK". The said hotel of the plaintiff has grown to become a popular name in the hotel business. The trade name "SEA HAWK"/"HOTEL SEA HAWK" is being used by the plaintiff since 1974. The plaintiff obtained registration of the trade mark "SEA HAWK" (word) under the numbers 1261503 in class 42 of Schedule IV of Trademarks Act, 1999 with effect from January 16, 2004.
(2.) The defendant/respondent is, also, engaged in similar business of running a hotel in coastal city of Puri in the State of Orissa. From the various state magazines, the plaintiff, in course of its business, came to know that the respondent/defendant runs a hotel under identical name as that of the plaintiff's hotel "SEA HAWK" at Puri, Orissa. The plaintiff requested the respondent to change the name its hotel to avoid confusion amongst the relevant section of trade and public.
(3.) The respondent assured the plaintiff that it will change the name its hotel in due course. The respondent merely added the word "new" to the same making it "HOTEL NEW SEA HAWK". The respondent illegally and dishonestly adopted the trade name "HOTEL NEW SEA HAWK" by copying the registered trade mark "SEA HAWK" of the plaintiff. The defendant/respondent claims to have opened hotel "SEA HAWK" at Puri in good faith corrected its name from "SEA HAWK" to "NEW SEA HAWK", which is/was calculated to cause confusion among the general public, who presumed the hotel of the respondent to be a new hotel built by the plaintiff at Puri and due to which the plaintiff has suffered and still continues to suffer loss and prejudice.;