Ahmedabad: A city civil court has temporarily restrained Vishal Ladsaria from using the trademark/trade name “Bejan Daruwalla” for astrology-related services in a trademark rights dispute filed by Pandit Holdings. The dispute arose after Ladsaria applied to register the trademark “Chirag Bejan Daruwalla”.Pandit Holdings alleged infringement of its trademark rights and sought an interim injunction. Pandit Holdings told the court it owns and has prior use of the registered trademarks, “Bejan Daruwalla” and “Nastur Daruwalla” for astrology services, gemstones, yantras, rudraksha, puja services, publications and related offerings.It said the rights originated from agreements executed in 2003 and 2006 with late astrologer Bejan Daruwalla and were later assigned to the company through a deed dated Dec 8, 2020. The company argued that the marks had acquired substantial goodwill through long and continuous use across websites, mobile platforms, print media and other channels. Ladsaria opposed the plea, alleging suppression of facts, lack of ownership, delay and mala fide intent. He said his brother, Chirag Ladsaria, had been adopted by the Daruwalla family and is now known as Chirag Nastur Bejan Daruwalla, and that the disputed mark was applied for in connection with services he provided. After hearing both sides, chamber judge PN Navin held that Pandit Holdings had made out a prima facie case and that the balance of convenience was in its favour. The court observed that even if Chirag had been adopted by the Daruwalla family, that did not automatically give the defendant the right to use the registered trademark “Bejan Daruwalla” for business in the same class of services. The court said: “The present Notice of Motion application succeeds and interim injunction is granted against the defendant and the defendant is restrained from using the trade name ‘CHIRAG BEJAN DARUWALLA’ being deceptively similar to the trademark of the plaintiff till the final disposal of the suit.”
