The Bombay High Court has granted real estate developer Kalpataru Properties (Kalpataru) request for a preliminary injunction restraining Kolkata-based FMCG firm 'Kalpataru Group' for infringing Kalpataru's trademark and trade name.

The real estate player had approached the Bombay High Court against the Kolkata-based company and four others after it learnt last year about them using identical mark Kalpataru as their trade name, trade styling and corporate name in relation to the services of distribution of FMCG products.

Kalpataru also found a website hosted by the Kolkata-based company with the impugned mark www.kalpatarugroup.com , the release added.

This domain name appears to have been registered by a partner of the Kolkata company. The developer also highlighted that the name Kalpataru is used by the Kolkata-based company along with the device of a tree.

The court in its order observed, “Prima facie, even leaving aside the question of passing off, there is no manner of doubt at all that the defendants use of the mark is an infringement of the plaintiff’s registered trade mark in every respect. There is also no question of the defendant’s use being bonafide, concurrent or prior to that of the plaintiff.”

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