Chryscapital Advisers Vs Raj Lal Kumari

Delhi High Grants Ex-Parte Interim Injunction in Favor of Chryscapital Advisers Against Fraudulent Use of Trademark

Introduction On May 29, 2024, the High Court of Delhi granted an ex-parte ad-interim injunction in favor of Chryscapital Advisers in the case titled *Chryscapital Advisers Vs Raj Lal Kumari* (Case No. CS(COMM) 475/2024). The Hon'ble Judge Sanjeev Narula presided over the matter, which addressed the unauthorized and fraudulent use of the trademark "CHRYSCAPITAL" by the Defendants. This decision underscores the importance of trademark protection and the judiciary's role in upholding intellectual property rights against deceptive practices. Background of the Case Chryscapital Advisers, the Plaintiff, has been using the trademark "CHRYSCAPITAL" since 1999. This mark, along with "CHRYS," has been registered and integrated into the company’s identity, including domain names, establishing a solid foothold in the investment and advisory industry. The Plaintiff alleged that the Defendants were fraudulently claiming an affiliation with Chryscapital Advisers, operating a deceptive trading investment business, and promising unrealistic returns to the public. This misuse aimed to capitalize on Chryscapital’s well-established reputation and goodwill. Legal Framework and Issues The primary legal issues revolved around trademark infringement and passing off. Trademark infringement involves the unauthorized use of a mark that is identical or confusingly similar to a registered trademark, causing likely confusion about the origin of goods or services. Passing off is a common law tort used to enforce unregistered trademark rights, where a defendant’s misrepresentation leads the public to believe that their goods or services are those of the plaintiff. Court's Analysis and Findings The Court, upon examining the facts, concluded that: 1.Trademark Validity and Use: Chryscapital Advisers had a long-standing use and multiple registrations of the trademarks "CHRYS" and "CHRYSCAPITAL," affirming their proprietary rights. 2.Defendants’ Misrepresentation: The Defendants were found to be dishonestly using the Plaintiff’s trademarks, falsely claiming affiliation with Chryscapital, and promising high returns to investors. This was seen as a deliberate attempt to exploit Chryscapital's goodwill. 3.Likelihood of Confusion and Deception: The Court recognized that the Defendants’ actions were likely to deceive the public, causing confusion and potentially leading to financial harm for those misled by the fraudulent claims. 4.Immediate Relief Justification: Given the urgency and the potential for continued deception and damage, the Court deemed it necessary to grant an ex-parte ad-interim injunction. This immediate relief was crucial to prevent further misuse of the trademarks and protect the Plaintiff's business reputation. Ex-Parte Ad-Interim Injunction An ex-parte ad-interim injunction is a temporary measure granted without the presence of the Defendants, aimed at providing immediate relief to the Plaintiff. This is typically granted when there is a clear case of urgency or potential for irreparable harm. In this case, the Court restrained the Defendants from using "CHRYS," "CHRYSCAPITAL," or any deceptively similar marks in any manner. Conclusion:

The High Court of Delhi's grant of an ex-parte ad-interim injunction in favor of Chryscapital Advisers is a significant legal development in the realm of intellectual property protection. By swiftly addressing the unauthorized and deceptive use of the "CHRYSCAPITAL" trademark, the Court has underscored the critical role of judicial oversight in protecting trademarks and preventing fraud.

Case Title: Chryscapital Advisers Vs Raj Lal Kumari

Judgment/Order Date: 29.05.2024

Case No. CS(COMM) 475/2024

Neutral Citation: NA

Name of Court: High Court of Delhi

Name of Hon'ble Judge: Sanjeev Narula, H.J.

Disclaimer:

Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.

Written by:Advocate Ajay Amitabh Suman

IP Adjutor [Patent and Trademark Attorney]

United & United

Email: amitabh@unitedandunited.com

Ph No: 9990389539