TITAN INDUSTRIES LTD Vs. KANISHK JEWELLERY

JUDGEMENT

(1.) The applicant/plaintiff filed this application to grant interim injunction restraining the respondent/defendant firm and their men from directly or indirectly in any manner from making use of the name KANISHK for its goods and/or, as its corporate name of trading style or any other name which is deceptively, phonetically and confusingly similar to the plaintiffs' name TANISHQ and also from passing off its name and goods under the name KANISHK as that of the plaintiffs pending disposal of the suit.

(2.) The case in brief is as follows:- The plaintiff is a company registered under Companies Act, 1956. The plaintiff company is a well known company having its manufacturing unit and registered office at Hosur as well as its branch office and service centres all over the country with its Corporate Office situated in Bangalore. The plaintiff company was incorporated in 1984 as a joint venture of the world famous TATA Industries with Tamil Nadu Industrial Development Corporation. They started their main business of manufacturing and sale of watches and timepieces immediately thereafter. The company was originally incorporated under the name of TITAN WATCHES LIMITED and subsequently changed its name to TITAN INDUSTRIES LIMITED with a view to give better expression to its diversification activities in several fields of trade and commerce including manufacturing activities, for different types of goods and products such as jewellery, etc. Several companies have been promoted by the plaintiff as associate companies. In pursuance of the diversification activities, the plaintiff in the year 1993 ventured into the field manufacture and sale of exquisite quality and trendy jewellery items so as to cater to the needs and requirements of all categories of the buying public, not only of the aristocrats but of the comman man in affordable range of prices. They have invested a sum of Rs.60 crores in terms of equipment and infrastructure and started a jewellery manufacturing unit located at Hosur in Tamil Nadu over a 1,35,000 sq.ft. of built up area. They have invented/coined and adopted an innovative name TANISHQ to be used as a trade name/trade mark for its jewellery items in 1994. This mark required a great deal of imagination and a high decree of inventions to coin and the resulting trade mark is unique and is inherently distinctive and cannot be hit upon by another person. The first exclusive TANISHQ jewelly boutique was inaugurated in Chennai in July 1996. They have also opened several TANISHQ boutiques in many cities of India and abroad. It has become a household name all over India including Chennai for design, quality and reliability in jewellery items. The range includes rings, ear rings, bracelets, bangles, necklaces, pendants available at reasonable prices. Over the years the plaintiff has also added diamond an diamond studded jewellery to its TANISHQ range of products. The plaintiff has also applied for registration of TANISHQ with Registrar of Trade Marks in October 1994. The company had also independently applied to the Registrar of Trade Marks for registration of the name/mark TANISHQ in all 34 classes of goods stated in IV schedule of Trade and Merchandise Marks Rules. All the applications are now pending for registration. The said trade mark is registered in favour of the plaintiff in Argentina, Bahamas, Benelux, Bermuda, Cambodia, Hong Kong and several other countries. They have also spent considerable amount towards advertisement/sales & promotion expenditure, etc. The name TANISHQ has left an indelible impression on the public at large that the goods sold under this trademark is a quality product of the plaintiff having the goodwill and backup of the famous TATA Industries. The particulars of the sales turn over are also given. They have been organising several exhibitions, fashion shows, cultural activities and held several seminars all over the country and it was widely reported in newspapers and magazines. Their products are also exported widely to the various countries.

(3.) The plaintiff was shocked and surprised to see an advertisement published in THE HINDU on 13.01.2002 stating that a new showroom by name KANISHK Jewellery has been opened at the premises of the defendant's address. The showroom was opened on 07.01.2002. The intention of the defendant using the name KANISHK for its own jewellery business is obvious since it closely resembles the famous name of TANISHQ. The defendant has stealthily come out in the open by capitalizing on the famous name and trademark of the plaintiff. The enquiry further revealed that the defendant was all along doing business in the name of KHAZANA JEWELLERY in a different place thought it fit to start a new business under the name KANISHK. The use of the impugned name KANISHK is intended to give an impression of some connection or approval of the plaintiff or at least, to indicate a nexus with the business under the well known trade mark TANISHQ. The defendant is a later entrant in the market and has been well aware of the reputation and goodwill enjoyed by the plaintiff's corporate name as well as the trade mark. The defendant has been passing off the trade mark and trade name of the plaintiff both in its corporate form as well as in trademark. In course of time, the defendant may open several such KANISHK showrooms as a chain of shops not only in Chennai, but also in other parts of the country. The use of the name by the defendant in a deceptively similar manner has caused irreparable loss and injury to the plaintiff, which cannot be compensated in pecuniary terms. No one is entitled to commence or carry on business in such a way as to represent it to be the business of someone else or at least associated with someone else. Hence, the application.