- 1 - 26.nms.4238.08.s.3352.08 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4238 OF 2008 IN SUIT NO. 3352 OF 2008 Kotak Mahindra Bank Ltd. & Anr. ..Plaintiffs -Versus- Jankit Shah & Ors. ..Defendants .......... Mr.Hiren Kamod i/b Himanshu W. Kane for the Plaintiffs. None for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 4TH AUGUST 2011. P.C. 1 The plaintiffs seeks to restrain the defendants from using the domain name ‘KOTAK ADVISORY.COM’. 2 The plaintiffs are the registered proprietors of the word mark ‘KOTAK’ and of the label mark in which the word ‘KOTAK forms an essential and significant part. The first plaintiff is the flagship company of the group of the companies, each of which uses the name ‘KOTAK’ as a part of its corporate name and trading style. The plaintiffs and their group of companies have a presence all over India as well as abroad. The marks were registered in the year 2003. - 2 - 26.nms.4238.08.s.3352.08 3 The plaintiffs were originally incorporated under the name ‘Kotak Capital Management Finance Limited’ on 21st November 1985 which was changed to ‘Kotak Mahindra Finance Limited’. On 6th February 2003, the name was changed to the present name. The plaintiffs have developed an enormous reputation and goodwill in its services. The plaintiffs and the companies in its groups have won several awards over the years. The plaintiffs and its groups of companies are involved in a variety of financial services. The plaintiffs also have several domain names. In each of them the word ‘KOTAK’ is a significant part. The enormous volume of their business also supports their case of the mark being a well known mark and having acquired a secondary significance. For the year ending 31st March 2008, the total income of plaintiff no.1 itself was `.7,67,846 lakhs. The advertisement, publicity and promotional expenses of plaintiff no.1 itself for that year was `.12,926 lakhs. The advertisements have been issued in various parts of the country. 4 In the circumstances, the Notice of Motion is made absolute in terms of prayers (a) and (b). -