Real estate developer breathe a sigh of relief in trademark battle

Interim protection for trademark was granted by the Bombay high court to a real estate developer against infringement of its name by another firm.

 Justice S J Kathawalla asked Kalpataru Buildtech Corporation Ltd to restrain from using the mark “Kalpataru” either directly or indirectly or any other deceptively similar mark as part of its corporate or trading name. Kalpataru Properties Private Limited, a large Mumbai-based real estate company had lodged a lawsuit against Kalpataru Buildtech to court for violation of its intellectual property rights over its trademark and name.

 Senior counsel for Kalpataru Properties Virendra Tulzapurkar pleaded to restrain infringement and Passing off of the registered trademarks of the developer Kalpataru Properties as its marks were registered much earlier. Tulzapurkar said “Kalpataru Consultants Private Limited” was incorporated in June, 1975 and was changed to “Kalpataru Construction Overseas Private Limited” with effect from January,1982. This name was further changed to its present form–Kalpataru Properties Private Limited from June 6, 2006.  The court also observed the extensive use of the mark ‘Kalpataru’ and its promotion is indicated by sales and promotional expenditure annexed. Tulzapurkar also said the company has derived immense goodwill under its name and the public associates the name ‘Kalpataru’ with Kalpataru Properties and nothing else.

 Kalpataru Properties came across the other company using the name Kalpataru Buildtech in 2013 and asked it to discontinue using the same. But since the defendant refused to comply and continued with the use of the same name, the matter landed in court as “it was causing tremendous dilution of the well-known mark”.

 The judge observed that the use of the mark ‘Kalptaru’ by the Defendants is dishonest and causing confusion and deception in the market and that the defendants are taking unfair advantage of the goodwill and reputation of the Plaintiff.  The HC therefore ordered to protect the Kalpataru Properties’ trademark.

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