A city-based business company has sued the organisers of the Ahmedabad Shopping Festival for infringement of trademark. 3rd Eye Event & Advertising has sued the iNDEXTb, the AMC and Vibrant Shopping Festival Organising Federation for using the name 'Ahmedabad Shopping Festival' without their permission, over which the company has a trademark.
The suit filed in the commercial court says that the two-decade old marketing strategy and event management company had developed the concept — Ahmedabad Shopping Festival on February 1, 2015 and has been using the term openly and extensively ever since.
The company has argued that at the end of 2014 it had made a presentation to several bureaucrats in the Gujarat government about the possibility of conducting and organising the shopping festival and generating revenue for the government body.
The petition argued that since it was the brainchild of the plaintiff, they acquired intellectual proprietary rights for the same. The petition said the company had Trademark registration in several classes and the registration is effective from the year 2015. (granted on 13/12/2018).
It further argued that when they had also issued notice on January 9, 2019 to the organisers of the festival about the same the defendants chose not to respond. The company said that due to the use of what is essentially its trademark, it was suffering loss of profit and irreparable loss of goodwill since the defendant is selling the goods identical to the goods of the plaintiff at cheaper price by using plaintiff's trade marks.
The suit filed in the commercial court says that the two-decade old marketing strategy and event management company had developed the concept — Ahmedabad Shopping Festival on February 1, 2015 and has been using the term openly and extensively ever since