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CM APPL. 43243/2025 (for bringing on record conversion of
appellant company)
1. For the reasons stated in the application, the prayer is granted.
FAO(OS) (COMM) 120/2022 Page 1 of 45
Signature Not Verified
Digitally Signed By:AJIT
KUMAR
Signing Date:27.08.2025
18:22:49
2. The application is allowed.
FAO(OS) (COMM) 120/2022, CM APPL. 22588/2022 & CM
3. Keller Williams Realty Inc., the appellant herein, has instituted
CS (Comm) 74/20191 against the respondents Dingle Buildcons Pvt
Ltd, KW Homes Pvt Ltd and KW Security and Services Pvt Ltd, the
respondents herein. The suit is presently pending before a learned
Single Judge of this Court. In the suit, the appellant has alleged that,
by use of the marks ‘KW’, , , and
, the respondents have infringed the trademark ‘KW’ which
stands registered in favour of the appellant with effect from 2 March
2012 in Class 35 for “Franchising, namely offering technical
assistance in the establishment and/or operation of real estate
brokerages”. Additionally, the appellant claims to have been using
various marks, internationally, of which ‘KW’ is the prominent part,
including KW KELLER WILLIAMS, , KW
COMMERCIAL, KW GPS, KW University, KW Young
Professionals, KW Kids Can, KW LAND, KW CONNECT and KW
Worldwide2. It is stated that, as the appellant has amassed worldwide
goodwill and reputation in these “KW marks”, the appellant has
common law rights against the use, by anyone, in India, of ‘KW’ as a
1 “the suit” hereinafter
2 “the KW marks” hereinafter
part of any mark under which services similar to those provided by the
appellant, are provided. As such, it is also alleged that the respondents,
by use of the marks ‘KW’, , , and
, to be passing off their services as those of the appellant.
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