The Plaintiff, a nationwide retailer of eyeglasses, asserted
that it had been utilising the clever and distinctive
trademark "LENSKART" since 2009. The plaintiff also
asserted ownership of and copyright to the original creative work
represented on the label. The plaintiff concluded by saying that
the brand was hugely successful and that it had a multi-crore
company. The Defendant used the name "Lenspark" for their
optical retail outlet in Aurangabad, Maharashtra. The Defendant did
not timely respond to the summons in the complaint or the
cease-and-desist notice, and it did not also provide a written
statement.
The plaintiff is allegedly involved in the marketing, wholesale,
retail, and distribution of eyewear, sunglasses, contact lenses,
prescription lenses, and accessories, as well as the marketing,
wholesale, retail, and distribution of said items, including
through e-commerce. Since 2009, the Plaintiff Business has used the
zany and unavoidably recognisable
