Justice Sanjeev Sachdeva restrained businessman Ashwajeet Garg from using "deceptively similar" trademark 'ZIVA' for providing similar spa services in hotels in India.

"The plaintiff (Indian Hotels Company Ltd also known as the Taj Group of Hotels) has established a prima facie case. Further, balance of convenience is in their favour as they are prior users of the said mark and irreparable injury would be caused to them if the defendant is allowed to carry on its infringing activity.... In the present case, it is an undisputed fact that the trademark and name used by the defendant is identical to the plaintiff's and in relation to the same goods and services, therefore, the question of delay in filing the suit, if any, does not arise," the court said.

It restrained Garg and others from "using the trademark ZIVA or JIVA or any other trademark deceptively similar to the the plaintiff's in respect of spa services and any other service similar to that of the plaintiff and the ex-parte ad-interim order granted on 15.03.2011 is confirmed".

The Taj Group claimed that in 2004 it had adopted the mark JIVA for its spa business and later 'JIVA SPA' was launched in as many as 24 places across India and abroad.

It claimed that the lawsuit, seeking to restrain Garg and others from using trademark 'ZIVA' for their spa services, was filed the moment it came to know about the infringement of the trademark in 2012.

The trademark 'ZIVA' is "phonetically and visually" deceptively similar and the court, in its interim and ex-parte order, had also restrained Garg from using it.

(Agencies)

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