JAWED HABIB HAIR AND BEAUTY LIMITED Vs. KAVITA JANKI SERVICES PRIVATE LIMITED

JUDGEMENT

(1.) This is an action for infringement of trade mark, copyright and passing off.

(2.) The Plaintiff was incorporated with trade name 'Jawed Habib' in the year 2006 and is engaged in the business of providing salon services. In the year 2006, the Plaintiff conceived a distinctive trade mark and label being 'Jawed Habib Hair and Beauty'. The Plaintiff has secured registration in respect of 'Jawed Habib' label, 'JH' logo and composite of 'JH logo Jawed Habib Hair and Beauty' which are annexed to the Plaint.

(3.) The Plaintiff by executing the Franchise Agreement permitted the use of registered label mark by the Defendant for the period from 20/5/2014 till 19/5/2017. Despite the franchise agreement expiring by reason of efflux of time, the Defendant continued the use of the registered trademark of the Plaintiff and hence the present action.