- Case number
- COMMERCIAL APPEAL (L) NO. 42036 of 2025
- Court
- Bombay High Court
- Date of judgment
- Outcome
- Allowed
Headnote
Appeal allowed and the injunction restraining use of the Kataria name, domain and corporate name set aside. The Division Bench found the fields of operation distinct, one party trading in insurance brokerage and the other in insurance of gems and jewellery, with no overlap and therefore no infringement under section 29. It weighed the continuous use of Kataria as a surname by a group of companies trading on goodwill built by predecessors, and the serious prejudice that restraining that use would cause. An undertaking not to enter the gems and jewellery insurance business was held sufficient to meet the apprehension raised. Whether the use was bona fide, continuous and prior remains for trial.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.