The Plaintiff, a nationwide retailer of eyeglasses, asserted that it had been utilising the clever and distinctive trademark "LENSKART" since 2009. The plaintiff also asserted ownership of and copyright to the original creative work represented on the label. The plaintiff concluded by saying that the brand was hugely successful and that it had a multi-crore company. The Defendant used the name "Lenspark" for their optical retail outlet in Aurangabad, Maharashtra. The Defendant did not timely respond to the summons in the complaint or the cease-and-desist notice, and it did not also provide a written statement.
The plaintiff is allegedly involved in the marketing, wholesale, retail, and distribution of eyewear, sunglasses, contact lenses, prescription lenses, and accessories, as well as the marketing, wholesale, retail, and distribution of said items, including through e-commerce. Since 2009, the Plaintiff Business has used the zany and unavoidably recognisable trademark "LENSKART" to identify products and services that were made with great care and skill. Additionally, under the terms of the Trademarks Act of 1999, the Plaintiff has the exclusive right to use its registered trademark for its products since it is the owner of the copyright in the original artistic work that is represented by the trademark, label, and trade dress "LENSKART." Additionally, the plaintiff company recently learned that the defendant started using the name "Lenspark" for its optical retail business in Aurangabad, Maharashtra, which is confusingly similar to the trademark/tradename "LENSKART." In an effort to mislead consumers and gain an unfair advantage, it has also copied the plaintiff's logo, store appearance, get-up, promotional offers, and scheme, as well as created Facebook pages and promotions that are identical to the plaintiff's.
Judgment
The plaintiff's copyright has been violated by the defendant's unauthorised and illegal use of his or her work. Since "LENSKART" is a registered trademark, the Plaintiff Business is entitled to protection from infringement. The plaintiff is granted a decree of perpetual injunction. The plaintiff was also awarded the cost of the case, and it is further ordered that all blocks, dies, finished goods, packaging boxes/cartons/wrappers, packing material, bills, advertisement material, signage, display boards, stationery, and other incriminating materials of the defendant bearing the infringing trademark "LENSPARK" be destroyed.
Conclusion
The statutory trademarks law in India was created in 1860. Using Section 54 of the Particular Relief Act of 1877 previously resolved a number of infringement, passing-off, and other concerns, and obtaining a declaration of trademark ownership under the Indian Registration Act of 1908 unquestionably resolved the registration. The Indian Trademarks Act, which was modelled after the English Trademarks Act, was passed in 1940. This law was replaced by the Trademark and Merchandise Act of 1958. This Act was created with the intention of enhancing trademark protection, enabling their registration, and preventing the use of fake marks on products. To ensure that the Indian Trademark Law complied with the TRIPS commitment, the Government chose to rename the 1958 Act as the Trademark Act 1999. It has protected service marks in addition to recognising special provisions for well-known trademarks and allowing registration of collective marks. The Act has expanded definitions, strengthened penalties for infractions, increased the registration term, and allowed the registration of unusual trademarks, among other enhancements. Indian Trademark Laws are now governed by the Trademark Act of 1999 and the Trademark Regulations of 2017.
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