Trademark Dispute Over “Central Park” Highlights IP Risks in Real Estate
Central Park Estates Pvt. Ltd., the Plaintiff, has been a prominent name in the luxury real estate market since 1999. The company owns thirty of such i.e., “Central Park ” registered trademarks which is synonymous with its highend residential projects. The Defendant, Godrej Skyline Developers Pvt. Ltd., also conducts business in the real estate sector.
The Plaintiff stated that the cause of action arose when it came across a URL on the internet that depicted the Defendant having launched a project in Pune under the name “Godrej Central Park “. The Plaintiff pleaded that the Defendant has copied the most prominent feature of its trademarks i.e., “Central Park” that too with respect to identical services. The Plaintiff further pleaded that it has conducted a business of more than Rs. 2843.37 crores till date under the mark “Central Park” and has spent in excess of Rs. 74.34 crores in advertisement alone and further disbursed Rs.145.31 crores as brokerage and marketing expenses.
The Defendant on the other hand in its reply contended that the use of words “Central Park” in its trademark is purely descriptive in nature and that it has not used “Central Park” independently as its trademark. The Defendant further contended that descriptive or generic words are not bound to be protected under the Trade Marks Act, 1999.
The Delhi High Court ruled in favour of the Plaintiff, by observing that taking into account the rival trademarks as a whole the Defendants have prima facie adopted a structurally and phonetically similar trademark to that of the Plaintiff. The Court further stated that the essential feature of the Plaintiff’ s trademark is “Central Park”. The Defendant has copied the essential feature of the trademark of Plaintiff and adding the prefix “Godrej” does not do away the likely deception/ confusion.
Consequently, the Delhi High Court granted a permanent injunction against the Defendant. Whereby the Defendant was permanently restrained from constructing, developing, marketing, selling, and advertising any housing and real estate projects using the trademark “Godrej Central Park” or any othe
This legal battle serves as a pivotal reminder of the significant role Intellectual Property plays in the real estate sector. For Developers and Builders, the consequences of overlooking trademark rights can be severe; ranging from costly legal disputes to reputational damage that could undermine long-term business prospects. This ruling reinforces the necessity of due diligence in selecting project names and ensuring they do not infringe upon existing trademark rights. By taking proactive steps, such as conducting thorough trademark checks and seeking legal counsel, Developers can safeguard their brand identity and avoid unnecessary litigation. Ultimately, respecting Intellectual Property not only protects a project’ s marketability but also fosters trust with consumers, laying a solid foundation for future success.
Source: https://www.linkedin.com/posts/r-k-dewan-%26-co_jurispoint-activity-7308072265596755968-dNc7/