Jayant Nath JUDGMENT
Jayant Nath, J.
LA. Nos. 25542/2014 (u/O 39 R 1 & 2 CPC), 1345/2015 (u/O 39 R 4 CPC), 12014/2016(u/O 39 R 1 & 2 CPC) & 1028/2017 (u/O 39 R 1 & 2 CPC)
1. The present suit is filed by the plaintiff seeking an order of permanent injunction to restrain the defendants, their partners, proprietors, etc from in any manner using the mark 'BOOKMYEVENT' or using the prefix 'BOOKMY' as trade mark/trade name or as part of its corporate name, domain name or trading name in respect of online ticketing services or any similar services. Other connected reliefs have also been sought.
2. In IA No. 25542/2014, on 23.12.2014 this court had passed an ex parte interim injunction restraining the defendants from using the mark 'BOOKMYEVENT' or using the prefix 'BOOKMY' as trade mark/trade name or part of its corporate name, domain name or trading name in respect of online ticketing services or any other similar services.
3. IA No. 1345/2015 is filed for setting aside of the injunction order dated 23.12.2014. On 20.01.2015 in IA No. 1345/2015, the above injunction order was kept in abeyance till the next date of hearing. IA No. 12014/2016 is filed by the plaintiff to restrain the defendants, their partners, franchisees, licensees, etc. from using the mark 'BOOKMYEVENT' or using the prefix 'BOOKMY'. In the said application, it is pleaded that the defendants have conceded the impugned mark's limited scope of activities and are estopped from carrying on any activities which they themselves have given up by filing TM-16. Hence, the said application. IA No. 1028/2017 is filed by the defendants under Order 39 Rules 1 and 2 CPC to restrain the plaintiff from misusing the order dated 23.12.2014.
4. The basic facts as stated in the plaint by the plaintiff are that the plaintiff is a highly successful online ticketing venture 'BOOKMYSHOW started in 2007. It is pleaded that the said 'BOOKMYSHOW.COM' is a leading entertainment booking portal in the country and has a significant share in the market with approximately 500 persons working for the company. It has also been pleaded that since 2010 'BOOKMYSHOW has been a ticketing partner to the organizers of "Sunburn", the music festival held in Goa, F1 Race, etc. It has a five year deal as the online ticketing partner for PVR Cinemas. It is pleaded that BOOKMYSHOW business has received extensive coverage in domestic and international media. Total revenues are said to be above Rs. 150 crores per year. It is pleaded that by extensive sales, wide publicity, the plaintiffs trade mark BOOKMYSHOW has acquired secondary meaning and has come to be exclusively associated with the plaintiff. It has also been pleaded that the plaintiff has acquired rights in the trade mark 'BOOKMY' which has become a prefix associated exclusively with the plaintiff. The prefix 'BOOKMY' is an essential part of the plaintiffs registered trade mark. It is stated that the same has acquired distinctiveness over a period of time due to open, continuous and extensive use. It has also been pleaded that the plaintiff has filed various applications to consolidate its right in BOOKMYSHOW and BOOKMY trademarks which are pending and that the plaintiff has secured trade mark registration for the BOOKMYSHOW trade mark in Class 41 and 42.
5. It is further pleaded ........