w w w . L a w y e r S e r v i c e s . i n



Central Park Estates Pvt. Ltd. & Others v/s Provident Housing Limited


Company & Directors' Information:- T S K ESTATES PRIVATE LIMITED [Active] CIN = U70100DL2011PTC216745

Company & Directors' Information:- S V HOUSING PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150816

Company & Directors' Information:- R P ESTATES PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032844

Company & Directors' Information:- B R ESTATES PVT LTD [Active] CIN = U74899DL1973PTC006650

Company & Directors' Information:- B N ESTATES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059909

Company & Directors' Information:- A & D ESTATES PRIVATE LIMITED [Active] CIN = U45201HR2005PTC066980

Company & Directors' Information:- V G P HOUSING PRIVATE LIMITED [Active] CIN = U65922TN1972PTC006240

Company & Directors' Information:- K C L ESTATES PRIVATE LIMITED [Active] CIN = U70101AS1998PTC005556

Company & Directors' Information:- N R S ESTATES PRIVATE LIMITED [Active] CIN = U45201CH2007PTC030673

Company & Directors' Information:- B AND B ESTATES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC061137

Company & Directors' Information:- U N ESTATES PRIVATE LIMITED [Strike Off] CIN = U45201RJ2008PTC027137

Company & Directors' Information:- A K R K ESTATES PRIVATE LIMITED [Active] CIN = U70102DL2009PTC196553

Company & Directors' Information:- L S T P ESTATES PRIVATE LIMITED [Active] CIN = U70102TG2004PTC043308

Company & Directors' Information:- B R HOUSING PVT LTD [Active] CIN = U45203WB1995PTC073083

Company & Directors' Information:- R G ESTATES PRIVATE LIMITED [Active] CIN = U99999MH1980PTC023335

Company & Directors' Information:- S K D ESTATES PRIVATE LIMITED [Active] CIN = U70101DL2005PTC133599

Company & Directors' Information:- A T M ESTATES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC048948

Company & Directors' Information:- P S D ESTATES PRIVATE LIMITED [Converted to LLP] CIN = U45400DL2008PTC176939

Company & Directors' Information:- R A M ESTATES PRIVATE LIMITED [Active] CIN = U45400WB2011PTC168444

Company & Directors' Information:- D M A ESTATES PRIVATE LIMITED [Active] CIN = U45200DL2006PTC154263

Company & Directors' Information:- D R ESTATES PRIVATE LIMITED [Active] CIN = U74899DL1991PTC044762

Company & Directors' Information:- G K S HOUSING LIMITED [Amalgamated] CIN = U45201TN1996PLC036147

Company & Directors' Information:- U K ESTATES PVT LTD [Active] CIN = U70101WB1987PTC042774

Company & Directors' Information:- G I R ESTATES PRIVATE LIMITED [Active] CIN = U70109DL2008PTC172534

Company & Directors' Information:- R. J. HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2007PTC114792

Company & Directors' Information:- H A ESTATES PRIVATE LIMITED [Active] CIN = U70101DL2004PTC130515

Company & Directors' Information:- A U ESTATES PRIVATE LIMITED [Active] CIN = U70101MH2003PTC140606

Company & Directors' Information:- V S ESTATES PRIVATE LIMITED [Active] CIN = U74899DL1989PTC035684

Company & Directors' Information:- S D G ESTATES PRIVATE LIMITED [Active] CIN = U45201DL2005PTC135116

Company & Directors' Information:- J S T ESTATES PRIVATE LIMITED [Active] CIN = U45201DL2004PTC125624

Company & Directors' Information:- C J ESTATES PRIVATE LIMITED [Active] CIN = U70101DL2004PTC129134

Company & Directors' Information:- INDIA HOUSING LIMITED [Active] CIN = U45200PN2008PLC131883

Company & Directors' Information:- P R S ESTATES PRIVATE LIMITED [Strike Off] CIN = U45201OR2005PTC008437

Company & Directors' Information:- D M ESTATES PRIVATE LIMITED [Active] CIN = U85110KA1995PTC018594

Company & Directors' Information:- M P I ESTATES PRIVATE LIMITED [Strike Off] CIN = U45201WB1974PTC029445

Company & Directors' Information:- D V D ESTATES PRIVATE LIMITED [Strike Off] CIN = U01119TN1996PTC034818

Company & Directors' Information:- R D HOUSING PVT LTD [Active] CIN = U70101WB1996PTC081099

Company & Directors' Information:- R C ESTATES PVT LTD [Strike Off] CIN = U45201WB1993PTC059267

Company & Directors' Information:- G C HOUSING PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122011

Company & Directors' Information:- R V P ESTATES PRIVATE LIMITED [Active] CIN = U70101KA1997PTC022530

Company & Directors' Information:- R S ESTATES PRIVATE LIMITED [Active] CIN = U74899DL1989PTC035656

Company & Directors' Information:- J V A ESTATES PVT LTD [Converted to LLP] CIN = U70101DL1999PTC100233

Company & Directors' Information:- A TO Z ESTATES PVT LTD [Active] CIN = U70101HR1988PTC030258

Company & Directors' Information:- A R ESTATES PRIVATE LIMITED [Active] CIN = U45201PB1996PTC018507

Company & Directors' Information:- T. G. ESTATES PRIVATE LIMITED [Active] CIN = U45200WB2007PTC112854

Company & Directors' Information:- G R ESTATES PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036722

Company & Directors' Information:- K. B. ESTATES PVT. LTD. [Active] CIN = U70101WB1995PTC071985

Company & Directors' Information:- P AND A ESTATES PRIVATE LIMITED [Active] CIN = U70101DL2005PTC137857

Company & Directors' Information:- S G S ESTATES PRIVATE LIMITED [Strike Off] CIN = U45201DL2006PTC146822

Company & Directors' Information:- L G S ESTATES PRIVATE LIMITED [Strike Off] CIN = U70101PB1997PTC020388

Company & Directors' Information:- A M ESTATES PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036712

Company & Directors' Information:- V A ESTATES PRIVATE LIMITED [Active] CIN = U45201DL1998PTC094897

Company & Directors' Information:- HOUSING ESTATES PVT LTD [Active] CIN = U51109WB1959PTC024411

Company & Directors' Information:- H M ESTATES PRIVATE LIMITED [Active] CIN = U70101DL1999PTC101415

Company & Directors' Information:- J R R ESTATES PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102TG1996PTC025638

Company & Directors' Information:- N V R ESTATES PVT LTD [Strike Off] CIN = U45201TN1991PTC020336

Company & Directors' Information:- J. D. HOUSING PRIVATE LIMITED [Active] CIN = U45309PN2016PTC166622

Company & Directors' Information:- M AND M ESTATES PRIVATE LIMITED [Active] CIN = U74899DL1987PTC029438

Company & Directors' Information:- Z ESTATES PRIVATE LIMITED [Active] CIN = U45201OR2007PTC009579

Company & Directors' Information:- K M A ESTATES PVT LTD [Active] CIN = U01119KL1991PTC006268

Company & Directors' Information:- A N HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC035479

Company & Directors' Information:- H AND J ESTATES PRIVATE LTD [Active] CIN = U70101KL1994PTC008410

Company & Directors' Information:- G C L ESTATES PRIVATE LIMITED [Active] CIN = U01132KL2003PTC016592

Company & Directors' Information:- M R A ESTATES PRIVATE LIMITED [Active] CIN = U45201DL2004PTC130318

Company & Directors' Information:- K B R ESTATES PRIVATE LIMITED [Active] CIN = U45200TG2004PTC044624

Company & Directors' Information:- A A ESTATES PRIVATE LIMITED [Active] CIN = U70100MH1996PTC101183

Company & Directors' Information:- S H ESTATES PRIVATE LIMITED [Active] CIN = U70101DL1999PTC098548

Company & Directors' Information:- D H ESTATES (INDIA) PRIVATE LIMITED [Active] CIN = U70102DL2008PTC173478

Company & Directors' Information:- PROVIDENT HOUSING LIMITED [Active] CIN = U45200KA2008PLC048273

Company & Directors' Information:- T T ESTATES PRIVATE LIMITED [Active] CIN = U70101DL1999PTC098376

Company & Directors' Information:- D L HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2009PTC135703

Company & Directors' Information:- K R R ESTATES PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC175671

Company & Directors' Information:- G M K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069486

Company & Directors' Information:- I. G. ESTATES PRIVATE LIMITED [Active] CIN = U70102UP1997PTC022687

Company & Directors' Information:- N. A. ESTATES PRIVATE LIMITED [Active] CIN = U45200MH1996PTC100412

Company & Directors' Information:- M J ESTATES PRIVATE LIMITED [Active] CIN = U70100MH1996PTC100864

Company & Directors' Information:- R G HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC052735

Company & Directors' Information:- M M ESTATES PVT LTD [Strike Off] CIN = U74899DL1984PTC019284

Company & Directors' Information:- R. K. N. ESTATES PRIVATE LIMITED [Strike Off] CIN = U70102DL2011PTC229032

Company & Directors' Information:- B P S ESTATES PRIVATE LIMITED [Active] CIN = U70101DL2005PTC134747

Company & Directors' Information:- A P D ESTATES PRIVATE LIMITED [Active] CIN = U07010KA2003PTC033072

Company & Directors' Information:- B B HOUSING PRIVATE LIMITED [Strike Off] CIN = U70109WB1997PTC084775

Company & Directors' Information:- G S ESTATES PRIVATE LIMITED [Strike Off] CIN = U70200OR1994PTC003790

Company & Directors' Information:- K V N ESTATES PVT LTD [Strike Off] CIN = U70102AP1990PTC011238

Company & Directors' Information:- M U ESTATES PRIVATE LIMITED [Strike Off] CIN = U45201GJ2008PTC054015

Company & Directors' Information:- K M M ESTATES PVT LTD [Strike Off] CIN = U70101KL1983PTC003679

Company & Directors' Information:- B S R HOUSING PRIVATE LIMITED [Strike Off] CIN = U70102AP2005PTC048146

Company & Directors' Information:- C S R ESTATES LIMITED [Active] CIN = U70102TG1996PLC022903

Company & Directors' Information:- B S R ESTATES PVT LTD [Active] CIN = U70101MH1982PTC027312

Company & Directors' Information:- B V M ESTATES PVT LTD [Strike Off] CIN = U45400WB1982PTC035588

Company & Directors' Information:- V N ESTATES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056486

Company & Directors' Information:- P Z ESTATES PVT LTD [Active] CIN = U74899DL1994PTC057111

Company & Directors' Information:- M. P. HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200UP2007PTC033329

Company & Directors' Information:- J S B ESTATES PVT LTD [Active] CIN = U70200WB1988PTC045397

Company & Directors' Information:- J D ESTATES PRIVATE LIMITED [Strike Off] CIN = U70101CH1995PTC017412

Company & Directors' Information:- B R S ESTATES PRIVATE LIMITED [Strike Off] CIN = U70100DL2005PTC132074

Company & Directors' Information:- S K J HOUSING PRIVATE LIMITED [Active] CIN = U63023WB1999PTC089993

Company & Directors' Information:- G C N ESTATES INDIA PRIVATE LIMITED [Active] CIN = U45205KA2014PTC074594

Company & Directors' Information:- 4 J ESTATES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037974

Company & Directors' Information:- M R ESTATES PVT LTD [Active] CIN = U65910WB1986PTC040812

Company & Directors' Information:- R P K ESTATES PRIVATE LIMITED [Active] CIN = U70100TZ2011PTC017474

Company & Directors' Information:- S V ESTATES PVT LTD [Strike Off] CIN = U45202WB1987PTC042380

Company & Directors' Information:- S V R HOUSING INDIA PRIVATE LIMITED [Strike Off] CIN = U45200AP2009PTC064511

Company & Directors' Information:- R K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032252

Company & Directors' Information:- K. C. ESTATES PRIVATE LIMITED [Active] CIN = U70101PB1971PTC003080

Company & Directors' Information:- S K ESTATES PVT LTD [Active] CIN = U65910TG1988PTC008774

Company & Directors' Information:- N AND N ESTATES PRIVATE LIMITED [Active] CIN = U70101PB2000PTC023929

Company & Directors' Information:- N G ESTATES PVT LTD [Amalgamated] CIN = U70109WB1989PTC045910

Company & Directors' Information:- J HOUSING PRIVATE LTD [Active] CIN = U74899DL1980PTC010338

Company & Directors' Information:- K P A HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201TN2005PTC055354

Company & Directors' Information:- B. K. ESTATES PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70109MH2010PTC206351

Company & Directors' Information:- N M G ESTATES PRIVATE LIMITED [Strike Off] CIN = U70100MH1999PTC119686

Company & Directors' Information:- J P ESTATES PRIVATE LIMITED [Active] CIN = U70100MH2004PTC147563

Company & Directors' Information:- A R C ESTATES PRIVATE LIMITED [Active] CIN = U70102TG2003PTC041079

Company & Directors' Information:- A S ESTATES INDIA PRIVATE LIMITED [Active] CIN = U70109TG2015PTC099201

Company & Directors' Information:- V. D. P. HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC054142

Company & Directors' Information:- N. N. ESTATES PRIVATE LIMITED [Active] CIN = U70109WB2009PTC138602

Company & Directors' Information:- K. V. ESTATES PRIVATE LIMITED [Not available for efiling] CIN = U74899DL1989PTC035848

Company & Directors' Information:- A V ESTATES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069258

Company & Directors' Information:- Y. P. ESTATES PRIVATE LIMITED [Strike Off] CIN = U70109DL1996PTC083304

Company & Directors' Information:- A I ESTATES PRIVATE LIMITED [Strike Off] CIN = U70101DL1998PTC096770

Company & Directors' Information:- G R E HOUSING PRIVATE LIMITED [Active] CIN = U70102AP2008PTC061004

Company & Directors' Information:- K. ESTATES PRIVATE LIMITED [Strike Off] CIN = U45200DL1998PTC093478

Company & Directors' Information:- S K ESTATES PRIVATE LIMITED [Active] CIN = U99999MH1980PTC022170

Company & Directors' Information:- G M HOUSING PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076203

Company & Directors' Information:- V K HOUSING AND ESTATES PRIVATE LIMITED. [Strike Off] CIN = U55101UP1988PTC009818

Company & Directors' Information:- V. V. ESTATES PRIVATE LIMITED [Strike Off] CIN = U45200TG1996PTC024406

Company & Directors' Information:- K T R ESTATES PRIVATE LIMITED [Strike Off] CIN = U45201TN1997PTC038608

Company & Directors' Information:- K K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200DL2012PTC232532

Company & Directors' Information:- B T ESTATES PRIVATE LIMITED [Amalgamated] CIN = U74899DL1994PTC059214

Company & Directors' Information:- S AND S ESTATES PVT LTD [Strike Off] CIN = U70102TG1993PTC015414

Company & Directors' Information:- V R HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC030550

Company & Directors' Information:- J V M ESTATES PRIVATE LIMITED [Strike Off] CIN = U70100PB2006PTC029964

Company & Directors' Information:- A. S. HOUSING PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036226

Company & Directors' Information:- G A ESTATES PRIVATE LIMITED [Active] CIN = U70101RJ1988PTC004259

Company & Directors' Information:- T J ESTATES PRIVATE LIMITED [Active] CIN = U70109MH2006PTC160129

Company & Directors' Information:- S. N. HOUSING PRIVATE LIMITED [Active] CIN = U45400MH2010PTC202407

Company & Directors' Information:- J S K ESTATES PRIVATE LIMITED [Active] CIN = U70102MH2010PTC200354

Company & Directors' Information:- P & M HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC229509

Company & Directors' Information:- D. H. HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC237322

Company & Directors' Information:- G V R ESTATES PVT LTD [Strike Off] CIN = U45200MH1982PTC027386

Company & Directors' Information:- N K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200MH2003PTC139304

Company & Directors' Information:- PARK ESTATES PRIVATE LIMITED [Strike Off] CIN = U70100MH1988PTC049919

Company & Directors' Information:- M N G ESTATES PRIVATE LIMITED [Active] CIN = U74999MH2010PTC199399

Company & Directors' Information:- A P F ESTATES PRIVATE LIMITED [Active] CIN = U45400TG2008PTC060297

Company & Directors' Information:- C S R HOUSING PRIVATE LIMITED [Active] CIN = U45400TG2012PTC078681

Company & Directors' Information:- R V V ESTATES PRIVATE LIMITED [Strike Off] CIN = U70100TN2011PTC078802

Company & Directors' Information:- K-HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200TN2009PTC070655

Company & Directors' Information:- L R HOUSING PRIVATE LIMITED [Active] CIN = U70100TG2013PTC089981

Company & Directors' Information:- V R K ESTATES PRIVATE LIMITED [Strike Off] CIN = U45200TG2004PTC044707

Company & Directors' Information:- M N ESTATES PRIVATE LIMITED [Active] CIN = U45201TG2001PTC036396

Company & Directors' Information:- G J ESTATES PRIVATE LIMITED [Active] CIN = U45200CH2007PTC030994

Company & Directors' Information:- L V ESTATES PRIVATE LIMITED [Strike Off] CIN = U70101CH2003PTC025815

Company & Directors' Information:- H I ESTATES PRIVATE LIMITED [Active] CIN = U45202DL2002PTC114576

Company & Directors' Information:- R S D ESTATES PRIVATE LIMITED [Active] CIN = U45202DL2003PTC121634

Company & Directors' Information:- K N S HOUSING PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167504

Company & Directors' Information:- K N R ESTATES PRIVATE LIMITED [Strike Off] CIN = U45400DL2011PTC212838

Company & Directors' Information:- G C ESTATES PRIVATE LIMITED [Strike Off] CIN = U74210DL1996PTC080922

Company & Directors' Information:- R C HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032258

Company & Directors' Information:- A B ESTATES PRIVATE LIMITED [Active] CIN = U45201DL2004PTC129928

Company & Directors' Information:- T S ESTATES PRIVATE LIMITED [Active] CIN = U45201DL2005PTC136010

Company & Directors' Information:- A & D ESTATES PRIVATE LIMITED [Active] CIN = U45201DL2005PTC137537

Company & Directors' Information:- W B HOUSING COMPANY PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC250413

Company & Directors' Information:- K R ESTATES PRIVATE LIMITED [Active] CIN = U70109DL2016PTC303645

Company & Directors' Information:- R W ESTATES PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC066471

Company & Directors' Information:- Y D ESTATES PRIVATE LIMITED [Strike Off] CIN = U70102DL2006PTC156810

Company & Directors' Information:- S R D ESTATES PRIVATE LIMITED [Active] CIN = U70109DL2006PTC154337

Company & Directors' Information:- L J ESTATES PRIVATE LIMITED [Strike Off] CIN = U70101DL2004PTC130459

Company & Directors' Information:- C B S ESTATES PRIVATE LIMITED [Active] CIN = U70101DL1999PTC098731

Company & Directors' Information:- R M K ESTATES PRIVATE LIMITED [Active] CIN = U70101DL2002PTC116402

Company & Directors' Information:- B G HOUSING PRIVATE LIMITED [Active] CIN = U70101DL2004PTC124095

Company & Directors' Information:- H B P ESTATES PRIVATE LIMITED [Active] CIN = U70101DL2005PTC141390

Company & Directors' Information:- L T ESTATES PVT. LTD. [Strike Off] CIN = U45201WB1986PTC041652

Company & Directors' Information:- A K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC056210

Company & Directors' Information:- M K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2008PTC059752

Company & Directors' Information:- G M R HOUSING PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102TG2002PTC038792

Company & Directors' Information:- THE HOUSING CORPORATION LIMITED [Dissolved] CIN = U99999MH1946PLC010719

    IA. No. 5445 of 2019 In CS.(COMM). No. 194 of 2019

    Decided On, 17 February 2020

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE JAYANT NATH

    For the Plaintiffs: Sai Krishna Rajagopal, Kanish Kumar, Nitin Sharma, Abhiti Vachcher, Advocates. For the Defendant: C.M. Lall, Sr. Advocate, Rahul Goel, Satish Kumar, Anu Monga, Nancy, Parumita Pal, Advocates.



Judgment Text


IA No.544/2019

1. This application is filed by the plaintiffs under Order 39 Rules 1 and 2 CPC seeking an ex parte ad-interim injunction to restrain the defendant, etc. from using the mark CENTRAL PARK, PROVIDENT CENTRAL PARK/ “IMAGE” or any other mark which is similar or deceptively similar to the plaintiffs’ mark ‘CENTRAL PARK’ in relation to their business etc. so as to infringe the plaintiffs’ statutory rights in its ‘CENTRAL PARK’ mark. Other connected reliefs are also sought.

2. The accompanying suit is filed by the plaintiffs for permanent injunction, infringement of trademark, passing off, unfair trade practice, damages and delivery up.

3. The case of the plaintiffs is that plaintiff No.1 is the registered proprietor of the marks, namely, CENTRAL PARK/ “IMAGE”, ‘CENTRAL PARK RESORTS’, and ‘CENTRAL PARK RESORTS & RESIDENCE’. The plaintiffs have procured various registrations of trademarks in the name of plaintiff No.1 having ‘CENTRAL PARK’ as the integral and most prominent feature. It is pleaded that on account of extensive use, high revenues, extensive publicity, trademark registrations, unsolicited publicity and diligent enforcement of its rights, the ‘CENTRAL PARK’ marks are today exclusively associated with the plaintiffs and their services, and the mark ‘CENTRAL PARK’ has acquired the status of a well-known mark.

4. It is pleaded that the defendant is using the mark, namely, PROVIDENT CENTRAL PARK/ “IMAGE” in a manner where the words ‘CENTRAL PARK’ are deliberately highlighted and are prominent. The defendant has identically used the plaintiffs’ registered ‘CENTRAL PARK’ mark and has also prefixed its name ‘PROVIDENT’ with the words ‘CENTRAL PARK’ making it deceptively and confusingly similar to the plaintiffs’ trademark ‘CENTRAL PARK’. It is also pleaded that the word ‘PROVIDENT’ is not a distinguishing feature and thus for all practical purposes, the defendant’s mark PROVIDENT CENTRAL PARK/ “IMAGE” is identical to the plaintiffs’ mark CENTRAL PARK/ “IMAGE”. It is further pleaded that the defendant’s mark is being used in relation to services that are identical to the services offered by the plaintiffs, i.e., Real Estate Development. Hence, it is pleaded that there is bound to be confusion amongst the purchasing public and members of trade as to the origin of the services of the defendant.

5. It is pleaded that the plaintiffs’ group have projects and production units in various parts of the country with a present annual turnover of Rs.3624.16 crores for the financial year 2017-18. It is further pleaded that the CENTRAL PARK project was conceptualised, conceived and adopted by plaintiffs No.3 and 4 who obtained government license for development of the said residential project at Golf Course Road, Sector-42, Gurgaon in the year 1999. The first CENTRAL PARK project was commenced in the year 2000 on the above address. In 2003, plaintiff No.1, namely, CENTRAL PARK ESTATES PVT. LTD. was incorporated by Bakshi Enterprises to act as a holding company for the CENTRAL PARK mark as well as other brands. It is pleaded that the project CENTRAL PARK-I which is launched in 2001, has an unprecedented success and selling out within a short span of time. The list/details of plaintiff No.1’s registrations for the CENTRAL PARK marks have been stated in para 14 of the plaint.

6. It is pleaded that the plaintiffs have spent in excess of Rs.74.34 crores in advertisement and further disbursed almost Rs.145.31 crores as brokerage and marketing expenses for their CENTRAL PARK marks. It is also pleaded that the plaintiffs have been taking enforcement action for misuse of their statutory or common law rights in the CENTRAL PARK mark. Reliance is placed on the various judgments to this effect.

7. It is pleaded that on 01.03.2019 the plaintiff was served with a copy of an application. In the said application, the defendant took the plea that the words CENTRAL PARK forms part of several real estate projects, which also mentioned the name PROVIDENT CENTRAL PARK constructed by the defendant (Provident Housing Pvt. Ltd.). The plaintiff then from the perusal of the website of the defendant, i.e. www.providenthousing.com learnt that the defendant is using the mark PROVIDENT CENTRAL PARK/ “IMAGE” and appears to have pre-launched its housing and/or real estate projects under the said mark in Bengaluru. The plaintiffs do not have any office in Bengaluru and are not carrying on business in Bengaluru. It is pleaded that perusal of the defendant’s website makes it clear/evident that the adoption of the mark PROVIDENT CENTRAL PARK/ “IMAGE” by the defendant is a calculated attempt to take advantage of the reputation gathered by the plaintiffs on the mark CENTRAL PARK/ “IMAGE” over the years. It is also pleaded that the defendant is using the plaintiffs’ CENTRAL PARK marks both in appearance and commercial impression. Hence, the present suit.

8. The defendant has filed a reply to the application. In the reply, the following contentions have been raised:

(i) It is stated that a false statement has been made by the plaintiffs that it is the proprietor of mark ‘CENTRAL PARK’ word per se. It is further pleaded that the plaintiffs have acquired registration of trademark ‘CENTRAL PARK’ not on the basis of any distinctiveness acquired by long user but on the basis that the same is a unique and a conspicuous label.

(ii) It is pleaded that there is deliberate suppression of fact that the plaintiffs’ prior user claims are under challenge. A suit was filed against a third party using the mark RUSTOMJEE CENTRAL PARK. The third party had challenged the plaintiffs’ right over the words ‘CENTRAL PARK’. A Division Bench of this court has permitted the said third party to continue using the mark ‘RUSTOMJEE CENTRAL PARK’. Hence, it is pleaded that the plaintiff is not an exclusive owner of the words ‘CENTRAL PARK’.

(iii) It is pleaded that there is deliberate false statement regarding the date of use of the mark PROVIDENT CENTRAL PARK/ “IMAGE” by the plaintiffs. It is pleaded that the defendant commenced promoting two blocks, namely, Provident Central Park of its project, namely, Provident Park Square in December, 2018 and the defendant invested a lot of resources in marketing and advertising and the same were not at all in a clandestine manner.

(iv) It is pleaded that the words/mark CENTRAL PARK is generic and publici juris.

9. I may note that this court on 23rd April, 2019 passed the following orders:

“IA No.5445/2019

Arguments heard.

In a connected matter being CS(Comm.)152/2019 titled Central Park Estates Pvt. Ltd. & Ors. Vs. Godrej Skyline Developers Private Limited & Anr. arguments have also been heard on the interim injunction application.

Learned senior counsel appearing for the defendant submits that this court may not, at this stage, pass interim orders and may reserve the judgment. He also submits that the defendant while dealing with their trade mark will prefix the mark PROVIDENT with CENTRAL PARK in a manner that the font of PROVIDENT is bigger than CENTRAL PARK. He seeks one week’s time to file reply/written statement.

Needful be done within one week.

Judgment reserved.”

10. I may also note that this court on 11.09.2019 in CS (COMM) No. 152/2019 titled ‘Central Park Estates Pvt. Ltd. & Ors. v. Godrej Skyline Developers Pvt. Ltd. & Anr.’, (2019 SCC OnLine 11580) held as follows:

“19. As noted above, the trademark used by the plaintiff is CENTRAL PARK/ “IMAGE” whereas the marks used by the defendant are GODREJ CENTRAL PARK/ “IMAGE” and “IMAGE”.

20. Taking into account the trade mark as a whole, it is clear that the trade mark of the defendant can prima facie be said to be structurally and phonetically similar to that of the plaintiff. The essential feature of the plaintiff’s mark is CENTRAL PARK. The defendant has copied the essential feature of the trade mark of the plaintiff. There is prima facie an overall similarity in the marks of the defendant and that of the plaintiff. Adding the prefix GODREJ does not do away the likely deception/ confusion. In my opinion, prima facie the above trade mark used by the defendant is deceptively similar to the mark of the plaintiff.

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32. I may now deal with the next contention of the learned senior counsel for the defendant. The defendants have sought to rely upon the judgment of the Division Bench in the case of Central Park Estates Pvt. Ltd. & Ors. vs. Keystone Realtors Pvt. Ltd. & Anr., FAO(OS) 179/2016 dated 06.09.2017 to plead that the Division Bench has permitted use of the term ‘Rustomjee Central Park’. It is pleaded that the facts of the present case are akin to that case and hence this court should also allow the defendant to use the mark “Godrej Central Park”.

33. However, a perusal of the facts of the aforenoted case would show that that the plaintiff therein had claimed user of the mark ‘Central Park’ since October 2001 whereas the respondent therein had also claimed user of the mark ‘Rustomjee Central Park’ in Mumbai since 2001. It was also pleaded by the respondent therein that the appellant had knowledge of the adoption of the mark ‘Rustomjee Central Park’ which has been used since 2001 the usage being in public domain. It was in those facts that the court did not interfere in the use of the mark ‘Rustomjee Central Park’ as an interim measure. The facts of this case are not similar to the facts of the judgment of the Division Bench to warrant such an order.

34. In view of the above, in my opinion, there is no merit in the contention of the defendants.

35. The interim order of this court dated 26.03.2019 is

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made absolute. IA No. 4262/2019 is allowed accordingly. IA No. 5080/2019 is dismissed.” 11. The interim order that was passed on 26.03.2019 had restrained the defendant therein from using the impugned mark GODREJ CENTRAL PARK “IMAGE”, and “IMAGE” or any other mark deceptively similar to the plaintiff’s CENTRAL PARK. The defendant was directed to take appropriate steps within one week from the date of receipt of the injunction order. 12. Keeping in view that factually the pleas raised by the parties in this case are substantially the same as raised in CS(COMM) No.152/2019, for the same reasons as given in judgment dated 11.09.2019 in the said case, I restrain the defendant from using the marks CENTRAL PARK, PROVIDENT CENTRAL PARK/ “IMAGE”, or any other mark which is similar or deceptively similar to the plaintiff’s CENTRAL PARK/ “IMAGE”. The defendant will take appropriate steps within one week from today. 13. The application stands disposed of. CS(COMM) 194/2019 List on 24.02.2020 before the Joint Registrar for further proceedings.
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