Bangalore District Court
World Trade Centers Association, ... vs Kalp World Trade Center Llp on 10 February, 2026
KABC170039962025
IN THE COURT OF LXXXV ADDL. CITY CIVIL &
SESSIONS JUDGE, AT BENGALURU (CCH-86)
(Commercial Court)
THIS THE 10th DAY OF FEBRUARY 2026
PRESENT:
SRI.ARJUN. S. MALLUR. B.A.L.LL.B.,
LXXXV ADDL. CITY CIVIL & SESSIONS JUDGE,
BENGALURU.
Com.OS.No.1763/2025
BETWEEN:
World Trade Centers Association, Incorporated
A Corporation Incorporated Or Registered Under The Laws
Of Delaware, 115 Broadway, Suite 1202,
New York, New York 10006, USA
Through Its Authorised Representative
Mr. James T Perry.
[email protected]
: PLAINTIFF
(Represented by Sri. Aditya Chaterjee, Advocate)
AND
1. Kalp World Trade Center Llp
A Limited Liability Partnership 15,
18th Cross, Malleswaram West,
Bengaluru 560 055,
Karnataka.
2. Mr. Kalp Kumar Jain,
Com.OS.1763/2025
Desingated Partner
Kalp World Trade Center Llp
15, 18th Cross
Malleswaram West
Bengaluru 560 055
Karnataka.
3. Mr. Mallur Ravi Akshay
Desingated Partner
Kalp World Trade Center Llp
15, 18th Cross
Malleswaram West
Bengaluru 560 055
Karnataka
(D3 - Appeared in person)
(D - 1 & 2 Represented through D3)
: DEFENDANTS
Date of Institution of the suit 17.12.2025
Nature of the suit (suit on
pronote, suit for declaration &
Possession, Suit for injunction Suit for recovery of Money.
etc.)
Date of commencement of NA
recording of evidence
Date on which judgment was 10.02.2026
pronounced
Total Duration Year/s Month/s Day/s
00 01 24
(ARJUN. S. MALLUR)
LXXXV Addl.City Civil & Sessions Judge,
Bengaluru.
SUMMARY JUDGMENT UNDER ORDER XIII-A OF
CPC
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Com.OS.1763/2025
Suit for permanent injunction restraining the
defendants from in any manner infringing, adopting
or using the plaintiff's registered trademark bearing
numbers 2992310, 549697, 2630570 and 2630571
and the name 'WORLD TRADE CENTER' and WTC
word marks by using identical or deceptively similar
word KALP in any manner, for permanent injunction
restraining the defendants from passing off on the
plaintiff's registered trademark and word mark
'WORLD TRADE CENTER' and WTC by using any
identical or deceptively marks in conjunction with the
word KALP, for mandatory injunction directing the
defendants to delivery all articles in its possession
containing the words 'WORLD TRADE CENTER' and its
abbreviated form WTC and the world map device in
conjunction with the word KALP, for rendition of
accounts and for award of damages for
Rs.1,00,00,000/-.
2. The case of the plaintiff in brief is as
under:-
The plaintiff is renowned association governed
under the laws of Delaware, USA presently
headquartered in New York, USA and having its
branch all over the world including India and one of
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Com.OS.1763/2025
the branch at Bengaluru. The plaintiff holds the
exclusive rights to 'WORLD TRADE CENTER' and all
related WTC device marks, brands, logos and word
marks. The plaintiff is also the in ownership of the
world map design associated with its group and in
Bengaluru the plaintiff operates through the Brigade
group which holds the official license from the
plaintiff and runs the facility 'WORLD TRADE CENTER
BENGALURU at Malleswaram. The plaintiff has
acquired immense goodwill and reputation with the
name 'WORLD TRADE CENTER' and the abbreviation
WTC and the unique world map design globally
including India. The plaintiff has achieved significant
success in respect of its word mark and world map
device and over the period of time it has gathered
enormous goodwill establishing itself to be a reputed
business mark in the trade industry. The defendant
No.1 is a limited liability partnership having come into
existence on 26.05.2023 with the ROC Bengaluru as
Kalp World Trade Center LLP. Since inception the
defendant No.1 has been using the name KALP
WORLD TRADE CENTER thereby conjuncting to the
plaintiff's registered trade mark 'WORLD TRADE
CENTER'. The use of the said name Kalp World Trade
Center amounts to infringement of the plaintiff's
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Com.OS.1763/2025
registered trademark 2992310 under classes 9,14, 16
18, 21, 25 and 28 and the registered trademark
549697, 2630570 and 2630571. The worlds
incorporated by the defendants in their trading name
conjucting the word KALP is identical to the registered
trade mark and word mark and also the world map
which has been registered by the plaintiff of which
the plaintiff has been a prior user. Thus the adoption
of the words Kalp World Trade Center in conjunction
to the world KALP by the defendants is in blatantly
violation of Sec.29 of the Trade Marks Act 1999. The
use of the words 'WORLD TRADE CENTER' in
conjunction to the word KALP is nothing short of a
deliberate attempt to cause confusion amount to
infringement passing of and unfair competition with
the plaintiff. Immediately upon coming to know the
plaintiff issued a cease and desist notice to the
defendants on 10.06.2024 to which there was no
response. Thereafter the plaintiff served a reminder
notice on 14.08.2024 even to which also no response
was made by the defendant. The plaintiff instituted
PIM proceedings before the DLSA Bengaluru Urban in
which the defendant did not participate on service of
notice rendering it as a non-starter. Hence the suit.
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Com.OS.1763/2025
3. On service of summons the defendant No.3
appeared in person before the Court undertaking to
represent defendant Nos.1 and 2 also and sought
time to engage of a counsel and defend the suit.
However inspite of providing sufficient opportunity
the defendant did not participate in the proceedings.
4. The plaintiff filed an application under Order XIII A
of CPC seeking for summary judgment as the
averments of the plaint remained uncontroverted.
Said application came to be allowed by this Court on
03.02.2026. The plaintiff in support of plaint
contentions has produced documents Nos.1 to 36.
5. Heard the arguments of the learned counsel for
the plaintiff and perused the entire record.
6. Now the points that arise for my consideration
are:
1) Whether plaintiff is entitled for the reliefs
of permanent and mandatory injunctions
as prayed.?
2) Whether the plaintiffs are entitled for the
relief of damages as sought?
3) What order or decree?
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Com.OS.1763/2025
7. My answers to the above points are as under:
Point No.1:- In the Affirmative
Point No.2:- In the Affirmative
Point No.3:- As per the final Order
for the following;
REASONS
8. POINT Nos.1 and 2:- As mentioned above the
averments made in the plaint which is supported by a
statement of truth as required under the CPC has
remained uncontroverted as the defendant No.3 who
for himself and on behalf of defendant Nos.1 and 2
failed to participate in the proceedings. To
substantiate the averments made in the plaint the
plaintiff has produced about 36 documents which are
as under:
Document No.1 is the True copy of the Board
Resolution dated 30.06.2023 authorizing James T.
Perry to act on behalf of the Plaintiff.
Document No.2 is the True copy of the Certificate of
Good Standing issued to the Plaintiff on 14.03.2025,
by the Secretary of State, Delaware.
Document No.3 is True print of the 'WTCA Global
Brochure' released by the Plaintiff in May 2024,
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Com.OS.1763/2025
highlighting its activities and membership benefits
accompanied by Certificate under Section 63 of the
BSA and Hash Value Report.
Document No.4 is the True print of the 'WTCA Trade
Brochure' released by the Plaintiff in May 2024,
highlighting its trade-related activities and benefits
accompanied by Certificate under Section 63 of the
BSA and Hash Value Report.
Document No.5 is True print of the WICA Real Estate
Brochure' released by the Plaintiff in May 2024,
highlighting the benefits of WICA membership for real
estate owners and developers accompanied by
Certificate under Section 63 of the BSA and Hash
Value Report.
Document No.6 is the True print of the Certificate of
Registration issued to the Plaintiff in respect of Trade
Mark No. 2631875 accompanied by Certificate under
Section 63 of the BSA and Hash Value Report.
Document No.7 is the True print of the Certificate of
Registration issued to the Plaintiff in respect of Trade
Mark No.2992310 accompanied by Certificate under
Section 63 of the BSA and Hash Value Report.
Document No.8 is the True print of the Certificate of
Registration issued to the Plaintiff in respect of Trade
Mark No 2630571 accompanied by Certificate under
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Com.OS.1763/2025
Section 63 of the BSA and Hash Value Report.
Document No.9 is the True print of the Certificate of
Registration issued to the Plaintiff in respect of the
above marks 549697 accompanied by Certificate
under Section 63 of the BSA and Hash Value Report.
Document No.10 is the True print of the Certificate of
Registration issued to the Plaintiff in respect of Trade
Mark No 2630570 accompanied by Certificate under
Section 63 of the BSA and Hash Value Report.
Document No.11 is the True print of the Certificate of
Registration issued to the Plaintiff in respect of Trade
Mark No 2630568 accompanied by Certificate under
Section 63 of the BSA and Hash Value Report.
Document No.12 is the True print of the Certificate of
Registration issued to the Plaintiff in respect of Trade
Mark No.2630569 accompanied by Certificate under
Section 63 of the BSA and Hash Value Report.
Document No.12A is the True print of the Certificate
of Registration issued to the Plaintiff in respect of
Trade Mark No 2992310 accompanied by Certificate
under Section 63 of the BSA and Hash Value Report.
Document No.13 is the True copy of the license
issued by the Plaintiff for the territory of Bengaluru,
initially in the name of a BRIGADE group entity by
name World Trade Centers India Ltd. and
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Com.OS.1763/2025
subsequently transferred vide letter dated 4 May
2010 to WTC Trades and Projects Pvt. Ltd., for the
territory of Bengaluru.
Document No.14 series is the True print of
screenshots taken from the WICA website reflecting
the global presence of WTCA licensees across 90
countries/regions accompanied by Certificate under
Section 63 of the BSA and Hash Value Report.
Document No.15 is the True print of the order of the
Bombay High Court dated 21.06.2016 in Notice of
Motion (1) NO. 1733 OF 2016 in Suit (L) No. 615 OF
2016 titled as World Trade Centers Association,
Incorporated v House of Infrabuild Pvt. Ltd. as
obtained from its official website accompanied by
Certificate under Section 63 of the BSA and Hash
Value Report.
Document No.16 is the True print of the LLP Master
Data of the Defendant No 1 LLP. as obtained from the
website of the Ministry of Corporate Affairs at
www.mca.gov.in accompanied Certificate under
Section 63 of the BSA and Hash Value Report.
Document No.17 is the True prints from the websites
Zauba Corp (www.zaubacorp.com), The Company
Check (www.thecompanycheck.com), Dun and
Bradstreet (www.dnb.com), Tofler (www.tofler.in),
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Com.OS.1763/2025
Finanvo (www.finanvo in) and My Corporate Info
(www.mycorporateinfo.com) listing the Defendant No
1 as 'Kalp World Trade Center accompanied by
Certificate under Section 63 of the BSA and Hash
Value Report.
Document No.18 is the office copy of the letter dated
10 June 2024.
Document No.19 is the copy of the proof of dispatch
of the letter dated 10 June 2024.
Document No.20 is the true print of the tracking
report of the notice dated 10 June 2024 issued to the
defendant No.1.
Document No.21 is the True print of the tracking
report of the notice dated 10 June 2004 to the
Defendant No.2 with Certificate under Section 63 of
the BSA and Hash Value Report.
Document No.22 is the true print of the tracking
report of the noticed 10 June 2004 issued to the
Defendant No.3 companies by Certificate under
Section 63 of the BSA and Hash Value Report.
Document No.23 is the True print of the email-dated
10 June 2004 along with the notice issued on email
without reproduction of annexure/attachment)
accompanied by Certificate under Section 63 of the
BSA and Hash Report.
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Com.OS.1763/2025
Document No.24 is the office copy of the letter dated
14 August 2024.
Document No.25 is the Copy of the proof of dispatch
of the letter dated 14 August 2024.
Document 26 is the True print of the tracking report
of the reminder notice issued to the Defendant No. 1
accompanied by Certificate under Section 63 of the
BSA and Hash Value Report.
Document 27 is the True print of the tracking report
of the reminder notice issued to the Defendant No 2
accompanied by Certificate under Section 63 of the
BSA and Hash Value Report.
Document 28 is the True print of the tracking report
of the reminder notice issued to the Defendant No. 3
accompanied by Certificate under Section 63 of the
BSA and Hash Value Report.
Document 29 is the True copy of the
acknowledgment cards returned bearing
endorsement from Defendant No. 1.
Document 30 is the True copy of the
acknowledgment cards returned bearing
endorsement from Defendant No. 2.
Document 31 is the True copy of the envelope
bearing notice dated 14 August 2024 issued to
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Com.OS.1763/2025
Defendant No. 3 returned to the sender i.e, the
Plaintiff's counsels.
Document 32 is the True print of the email dated 14
August 2024 along with the notice issued on email
(without reproduction of annexure/attachment)
accompanied by Certificate under Section 63 of the
BSA and Hash Value Report.
Document 33 is the True copy of the PIM Application
dated 28.10.2024 filed on 05.11.2024 by the Plaintiff.
Document No.34 is the Certified copy of the Non-
Starter Report dated 07.02.2025 in PIM.
Document No.35 is the Certified copy of the entire
order sheet of the PIM.
Document No.36 is the True print of the Annual
Return of Limited Liability Partnership dated
25.06.2025 filed by the Defendant No. 1 Company
accompanied by Certificate under Section 63 of the
BSA and Hash Value Report.
9. These documents filed along with plaint clearly
substantiates that the plaintiff being the prior user of
the registered trade marks and the word mark as well
as the world map and the defendant having using the
works World Trade Center in conjunction with the
world KALP has resorted to infringing the registered
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Com.OS.1763/2025
trademark and the word mark of the plaintiff. There is
no contra materials to disbelieve the version of the
plaintiff before the Court which is amply supported by
a verifying affidavit in the form of statement of truth
swearing into the allegations made in the plaint. As
reflected from document Nos.18 and 24 the cease
and desist notices dated 10.06.2024 and 14.08.2024
has been duly delivered to the defendants but the
defendants have failed to cause any reply to these
notices. The document No.33 discloses PIM
proceedings being initiated in which the defendants
were duly served with the notices but remained
unresponsive. Thus when provided with an
opportunity to rebut the case of the plaintiff the
defendants have maintain a stoic silence. Thereby
virtually admitting into the averments made in the
plaint. Hence it can be held without hesitation that
plaintiff would be entitle for the reliefs of permanent
and mandatory injunctions as prayed. The defendants
having deliberately infringed upon and have passed
off on the registered trademark of the plaintiff are
also liable to pay damages as quantified by the
plaintiff amounting to Rs.1,00,00,000/-. Hence
plaintiff is entitled for the reliefs as sought and
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Com.OS.1763/2025
accordingly, I answer Point Nos.1 and 2 in the
Affirmative.
10. POINT NO.2:- For the aforesaid reasons, I
proceed to pass the following;
ORDER
The suit of the plaintiff is decreed with costs.
The defendant Nos.1 to 3 are jointly and severally restrained by an order of permanent injunction from in any manner whatsoever, infringing, adopting and or adopting and/or using the Plaintiff's registered trademarks bearing registration nos.2992310, 549697, 2630570, and 2630571 and name 'WORLD TRADE CENTER and WORLD TRADE CENTRE' and 'WTC' (word marks), or the unique world map design (device mark) belonging to the Plaintiff, or any other mark(s) identical or deceptively similar thereto, whether in conjunction with the word "KALP or in any other way, and whether in their entity name or as their trading name or in any stationery 15 Com.OS.1763/2025 or in any registrations, marketing materials, advertisements, social media, email addresses, internet websites/domain names, projects or ventures.
The defendant Nos.1 to 3 are jointly and severally restrained by an order of permanent injunction from in any manner whatsoever passing themselves off as associated with the Plaintiff, whether by use of the Plaintiff's well- known mark and name "WORLD TRADE CENTER' / 'WORLD TRADE CENTRE' or any other mark(s) identical or deceptively similar thereto, and whether conjunction with the word "KALP or in any other way, and whether in their entity name of as thee trading name or in any stationery, or in any registrations, marketing materials, advertuamenés, social media, email addresses, internet websites/domain names, projets or ventures.
By way of a mandatory injunction the defendants are directed to deliver up 16 Com.OS.1763/2025 any and all stationery, letterheads, envelopes, business cards, websites, brochures, or ether printed or digital materials containing the words 'WORLD TRADE CENTER / WORLD TRADE CENTRE, its abbreviated form WTC, and the unique world map device (design) belonging to the Plaintiff whether used in conjunction with the word 'KALP or otherwise, for the purposes of erasure and destruction by the Plaintiff. Defendants shall pay a sum of Rs.1,00,00,000/- (Rupees One Crore Only) as damages to the plaintiff. Draw Decree accordingly.
Office to send soft copies of the judgment to both parties on their e-mail id if furnished.
[Dictated to the Stenographer Grade-III, transcribed by her, corrected and signed by me then pronounced in the Open Court, dated this the 10th day of February 2026] Digitally signed by ARJUN ARJUN SRINATH SRINATH MALLUR Date: 2026.02.11 MALLUR 17:54:30 +0530 (ARJUN. S. MALLUR) LXXXV Addl.City Civil & Sessions Judge, Bengaluru.
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