Suburban gyms named 'Body Art' told to stop infringing trademark

Nawaz Modi Singhania, founder of Body Art fitness centre in south Mumbai, has won three trademark-infringement cases against suburban gymnasia that have tried to cash in on her registered trademark.

Her advocate Hiren Kamod had filed three pleas in the Bombay High Court last month against the gymnasia at Sanpada and Nerul (run by the same owner), Malad and Kamothe for violating trademark laws. The court had earlier restrained the owners of the centres at Sanpada/Nerul and Malad from using the trademark, while slapping a fine of Rs 2 lakh on each, which is to be paid to Modi.

On Wednesday, the HC directed the namesake in Kamothe not to infringe the trademark.

"I came to know of these gymnasiums that were using my trademark after seeign their social media promotions. We sent legal notices asking them to desist and when they did not, I moved HC," Modi told DNA.

Advocate Kamod said, "The trademark BODY ART has been continuously, extensively and uninterruptedly used since the year 1992 and the services rendered by my client, under the said mark, have acquire tremendous reputation among the public."

Justice S J Kathawala on Wednesday said, "The balance of convenience is in favour of the plaintiffs and irreparable harm, loss and injury may be caused in the event that reliefs as prayed are not granted."
Nawaz's centre, which provides a host of fitness services from aqua aerobics and pilates to conducting workshops on diet, boasts of a celebrity clientele.