Delhi Court passes interim order restraining defendants from misusing trademarks of PP jewellers
Jul 10, 2021
New Delhi [India], July 10 : A Delhi Court has passed an interim order restraining the use of the trademarks 'PP Jewellers', 'PP', etc by the defendants for the sale of jewellery or other goods at the showroom situated at South Extension, New Delhi or any other place.
Tis Hazari's Principal District Judge of Commercial Court Man Mohan Sharma, in an interim order, said, "The plaintiff (PP Jewellers Private Limited) has demonstrated a prima facie case and apprehension of irreparable injury, which cannot be compensated in terms of money. The matrix of the facts shows on the face of it that in view of the material on record, the balance of convenience lies in favour of the plaintiff "
PP Jewellers Pvt Ltd promoted by Kamal Kumar Gupta filed a suit for permanent injunction and rendition of accounts against Pawan Gupta and his son Piyush Gupta and their Company P.P. Jewellers Retail Private Limited from misusing the trademarks 'PP Jewellers', 'PP' and 'PPJ' (logo), or the trade name 'PP Jewellers' in their showroom at South Ex and Karol Bagh, seeking to restrain from the misuse of the trademark in any manner whatsoever in respect of jewellery and other allied products.
The court prima facie observing that Pawan Gupta and his son Piyush Gupta were infringing the trademarks of P.P. Jewellers Private Limited to benefit their own company namely P.P. Jewellers Retail Private Limited.
"Accordingly, an ex-parte, ad-interim injunction is issued in favour of the plaintiff and against the defendants (P.P. Jewellers Retail Private Limited), thereby restraining them from using the trademark 'PP jewellers' 'PP'and 'PPJ (logo)' or the trade name of the plaintiff i.e. (PP Jewellers) in any way in respect of jewellers or other allied products," the court said.
Appearing for PP Jewellers Pvt Ltd, Advocate Tarun Singla argued that his client was the owner of the Trademarks 'PP Jewellers', 'PP' and 'PPJ' (logo) and that his client was selling genuine jewellery and other allied products from Showrooms at Pitampura, Netaji Subhash Palace and Sadar Bazar by proper utilization of the Trademark 'P P Jewellers', 'PP' and 'PP J' (logo).
He stated that PP Jewellers Pvt Ltd owns three registered trademarks i.e. 'P P Jewellers', 'PP' and 'PP J' (logo), that were adopted in the year 1989 and have been continuously using since then.
It was further argued by Singla that the trademarks of PP Jewellers Pvt Ltd have attained considerable goodwill and reputation in the market and the trademarks have acquired the status of well-known trademarks. PP Jewellers Pvt Ltd promoted by Kamal Gupta has spent a huge amount on advertisement, promotion and propaganda, which amount has run into several crores.
Advocate Singla further argued that PP Jewellers Pvt Ltd has been conducting its business of sale of jewellery at prominent places in New Delhi which are at Rani Jhansi Road, Sadar Bazar, Netaji Subhash Palace, Pitampura and Deshbandhu Gupta Road, Karol Bagh and that the buildings are also symbolic of its trademark.
It was however stressed upon by Mr Singla that the said trademarks were being misused by Mr Pawan Gupta and his son Mr Piyush Gupta and their Company P.P. Jewellers Retail Private Limited and that they were selling jewellery at showrooms at South Ex and Karol Bagh under the trademark. He argued that the innocent customers were being cheated and induced to purchase under the pretext that the same was sold under the genuine trademark, which was incorrect.
Advocate Singla argued that the father and son duo has made a huge turnover from 2016 to 2019 by exploiting the trademarks and the trade name of the PP. Jewellers Pvt. Ltd and were also using the Karol Bagh address of PP Jewellers Pvt. Ltd for doing trade for the benefit of PP Jewellers Retail Pvt.
