The Bombay High Court has ordered an injunction restraining it from using its name, pending the final outcome of a defamation case filed against it.
In a major setback to the upstart developer Ekkta Group, the Bombay High Court has ordered an injunction restraining it from using its name, pending the final outcome of a defamation case filed against it.
Leading developer Ekta Group had filed the petition against Ekkta Group seeking a compensation of Rs50 crore for cashing in on its brand. The petition was admitted by Justice SJ Vazifdar and the injunction in the case was granted on September 28.
Armed with the injunction order, Ekta Group now plans to issue public notices, informing the public about the legal relief and warning them to deal with Ekkta Group at “their own risk”.
The HC order comes at a time when Ekkta Group is aggressively marketing its Ekkta Residency project near Shahpur in Thane, widely promoting the selling-out of three phases in record time and soliciting bookings for the fourth phase.
The alleged infringement by Ekkta came to light when the management of Ekta Group chanced upon a recruitment advertisement released by the namesake in a local newspaper. On investigation, the Ekta Group management found that the namesake firm was not even registered with the registrar of companies. Its legal team, in February, issued a notice to Ekkta to cease and desist using its name, following which there was no activity from the namesake group from in the market.
However, in April, Ekta’s offices began receiving calls from prospective homebuyers, seeking details about Ekkta Nagari project on Mumbra-Panvel Road, following which Ekta filed the petition in the high court.
In the petition, Ekta Group’s chief promoter Ashok Mohnani said the Ekta trademark was conceived and adopted in 1985, and is an integral to the group’s businesses. “It is an essential part of our identity for more than three decades in the business of construction of residential projects, commercial projects and redevelopment projects,” the petition stated.
The petition claimed that more than Rs1.5 crore is spent annually on advertising to maintain the brand’s equity in the market. The defendant’s representation that they are Ekta Group is dishonest, misleading and confusing, the petition pleaded, seeking redressal and damages for the infringement. While Mohnani said he was satisfied with the interim relief granted by the HC, Ekkta’s co-promoter Harish Gandhi said that they are seeking further legal recourse in the case.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}