Via R.P.A.

D
Without Prejudice

Our ref.: LIT/NOTICE/SNS-F1/11/2024 Date: 09th February, 2024

BY RPAD/ EMAIL
WITHOUT PREJUDICE
Date: 7th of June, 2023
To,
Jeevandeep Ayurveda
Manju Juneja (Proprietor)
Add. 61-A, Satyam Enclave, Delhi – 110095, India

SUBJECT: CEASE & DESIST NOTICE FOR INFRINGEMENT OF PRIOR

REGISTERED TRADEMARK “JEEVANDEEP STORE -
SANTOSH MANAVATA SHRADDHA” WITH DEVICE

[ Vs. ]

Cease and Desist Notice

Dear Sir/Madam,

We write upon receipt of instructions and on behalf of “M/s Kotecha

Brothers” through Mr. Sandip Navneetbhai Kotecha having its proprietor
addresssituate at Vrundavan Giriraj Nagar – 2, Opp. Uma Palace
Appartment, Keshod – 362220, Distt: Junagadh, Gujarat (hereinafter
referred to as “Our Client”), hereby serve this notice to you regarding
your unauthorized and illegal use of Our Client’s Trademark titled
‘JEEVANDEEP STORE’ on behalf of Our Client. This legal notice is issued
to you on the following grounds hereunder:

1. Our Client is a leading firm and started with this main idea to provide
the best services for Advertising; Business Management; Business
Administration; and Office Functions.
Upon instructions from, and on behalf of Our Client, we state as
under:
Our Client is a leading firm and started with this main idea to provide
the best services for Advertising; Business Management; Business
Administration; and Office Functions.

2. Our Client has consistently made efforts to provide high-quality

services. Our Client takes their duty and responsibility seriously
when developing the content for each work they take on.
Thorough research is conducted to ensure the highest quality.
Additionally, the content is expressed in such a manner as to
make it more understandable for the consumers.

3. Our client has gained wide recognition for their services, including
through their prior registered Trademark "JEEVANDEEP STORE,"
and they are highly sought after because of the unique approach
to the expression of the content that Our Client has creatively
formulated.
[1.] The Said services are focused on client client-requirement basis.
The literary works go beyond providing general information and
are designed to facilitate easy understanding and engage
consumers. The consumers highly appreciate the work.

4. Recently, Our Client became aware of imitation of his prior

registered Trademark the duplicated “TRADEMARKJEEVANDEEP”
available in the market. being traded in same set of services as that of
our client and that you have made unauthorised use of our client’s
 Trademark and proceeded with filing of a deceptively similar

Trademark Application with No. 5886365 under Class

35 and have also imitated the Artistic representation of our Client’s

mark with clear intent to infringe upon Trademark

of our client. Upon further investigation, it was discovered that you
have been involved in class 35 and providing the same services with
the similar trademark “JEEVANDEEP AYURVEDA” as Our Client’s. It
was surprising to find that you have directly copied Our Client's
trademark “JEEVANDEEP STORE” and openly selling the services
under the title ‘JEEVANDEEP AYURVEDA’ (referred to as "SIMILAR
TRADEMARK").

5. That you have made illicit use of colour combination as well as

placement of leaves referring it to products of our Client being sold

under the Trademark .

6.[2.] That unauthorised use of our Client’s Trademark replicating it with
malafide intention of associating your mark and business with that of
our client’s mark and business at large in order to deceive the
stakeholders believing such illicit and unauthorised association to be
true merely to encash upon hard earned goodwill of our Client’s mark

.
7. That no such authorisation to use or association has been permitted
or allotted by our client to youYou have copied Our Client's content as
well as a unique way of expression without permission or
acknowledgment, and thus such unauthorised use of our client’s prior
 registered Trademark which constitutes trademark
infringement on your part.

8. Our client is a registered Trademark & Working since 15/03/2018

with date of application 23/03/2018. Whereas you have applied on
10/04/2023. This shows that you were aware of the presence of our
client's Trademark.
[3.] It is evident from a brief look at The Impugned trademark that
the whole idea of expression used by Our Client is blatantly
copied with minor changes in the trademark. It is pertinent to
note that the main trademark “JEEVANDEEP” is copied without
making any efforts of your own. Therefore, it is clear by taking
just one look at the Impugned trademark that it is a fit case for
infringement of trademark. and the same shall be easily proved by
Our Client in further proceeding if need be.

9. Please be aware that The Said trademark is protected under the

Trademark Act, 1999. As the first and original owner of the trademark
under class 35 of the Indian Trademark Act, 1999, Our Client holds a
bundle of exclusive rights.
[4.] Our client has invested significant resources, including time and
skill, in launching and establishing the reputation of the said
trademark and services related to it among the general public.
Your unauthorized use of the work directly undermines Our
Client's efforts and credibility in the market. It is beyond doubt
that you were aware of Our Client's work and its existence. Your
actions cannot be considered as bona fide, of fair use, or mere
coincidence under the laws governing Intellectual Property
Rights.
10. Therefore, your imitation of the work constitutes trademark
infringement under Section 29 of the Indian Trademark Act, 1999.
Furthermore, you are prohibited from using the infringing work
under the remedies available to Our Client under Section
28relevant provisions of the Indian Trademark Act. Our Client has
the right to seek an injunction to stop your infringement and
claim damages for any loss suffered as a result of your actions.

11. That through this cease-and-desist notice, our client provides you
with an opportunity to refrain from indulging in infringement/
unauthorized use of the mark as detailed hereinabove on forthwith
basis. Please note that if you fail to accede to this notice on forthwith
basis i.e. seven (7) calendar days from the receipt of this notice,
our client shall be constrained to initiate all the legal
recourses/remedies available without prejudicially affecting any of his
rights otherwise. Hence, in view of the facts stated above, our client
calls upon and prevail upon you to do the following immediately:

a. Forthwith remove device JEEVANDEEP STORE - SANTOSH

MANAVATA SHRADDHA” WITH DEVICE

name, abbreviations, translation, and any transliterations
thereof from all of your goods and services, website, social
platform like as Facebook, Instagram, WhatsApp, etc

b. Remove device JEEVANDEEP STORE - SANTOSH MANAVATA

SHRADDHA” WITH DEVICE name,

translation, and any transliterations thereof from all means of
advertisement (including ink bottles and sign boards) affixed by
you at your premises or other places for the promotion and
marketing of your goods and services.

c. Withdraw all of your Trade Mark Application(s)/Copyright

Application(s) if applied or any Intellectual property filed or
registered for and with the trade name JEEVANDEEP or any
other such mark deceptively similar to our client’s known device
 d. Pay a sum of Rs. 1 Crore by way of damages / wrongful gain
together with interest at the rate of 25% per annum from the
date of unauthorized usage of our client’s device JEEVANDEEP
STORE - SANTOSH MANAVATA SHRADDHA” WITH DEVICE

and to render a true and faithful account of

all the profits earned by you using our client’s mark.

We look forward to receiving your response to this letter within 7 days of its
receipt.
A copy of this Notice has been kept in my office for records and further
reference.

(Note: The contents of this Notice are without prejudice to the rights and
remedies of our client. The right to exercise any or all of such rights and
remedies are reserved by them.)

__________________

GAURAV SONI
(ADVOCATE)

SONI and SONI

Signed and executed at: Ahmedabad, Gujarat, India.

Dated this 09th February, 2024.
12.
[5.] This legal notice requires you to immediately cease the services of
infringing Trademark.
[6.] Your act of passing off and capitalizing on Our Client's goodwill
warrants exemplary damages.
[7.] It is also important to note that such use will mislead honest and
innocent consumers. Your actions deceive the public, which is
 tantamount to cheating and a punishable offense. We reserve the right
to file a criminal complaint against your actions.
[8.] By issuing this notice, I demand the following actions from you:
[a.] Provide a written undertaking and apology to Our Client, pledging
that you will refrain from copying or infringing upon any of Our
Client's original trademarks in the future.
[b.] Cease the working of the infringing trademark within five days of
receiving this notice.
[c.] Provide details of the profits earned from the sale of the infringing
trademark services to date.
[d.] Compensate Our Client with a sum of Rs. 25,000 for the legal
expenses incurred, along with damages of Rs. 10, 00,000 and an
account of profits amounting to Rs. 10, 00,000 within ten days of
receiving this notice.
[9.] If you fail to cease as mentioned above, you will be construed to have
ignored the said Notice and it will amount to bad faith on your part.
Additionally, Our Client will be forced to take serious legal action
which will invite civil proceedings, suit for injunction & suit for
damages and Criminal Actions or any other appropriate legal recourse
at your risk as to cost and consequences thereof.
[10.] I further call upon you to comply with these requirements within
five days from the receipt of this notice. Failure to comply with any of
the aforementioned requirements will result in civil and/or criminal
legal action being taken against you, and you will be responsible for
all associated costs and consequences.
[11.] Lastly, we state that Our Client has sufficient documentary
evidences to prove the wrong you have committed hereby our client
reserves its rights to submit the said evidence before the appropriate
body and during the appropriate legal proceedings please note the
same.
[12.] This letter is being sent without prejudice to all the right and
remedies available to Our Client under applicable laws.
[13.]
[14.]
[15.] Under Instructions of Our Client,
[16.]
[17.]
[18.] __________________________
___________________________
[19.] GAURAV SONI For,
Genesis Publication
[20.] Advocate & Attorney
[21.] Gujarat High Court, Ahmedabad.