JUDGMENT : S.J. Kathawalla, J. This is an action taken out by the Plaintiff for infringement of Plaintiffs registered trade mark and the wrongful acts of passing off committed by the Defendants by manufacturing, marketing and selling its readymade garments, hosiery, other clothing and wearing apparels bearing the impugned marks VIVACITY and/or VIVZ. The Plaintiff is a public limited company incorporated in India, under the Companies Act, 1956, carrying on its business under the name and style of "Arviva Industries (India) Limited". The Plaintiff is inter alia engaged in the business of manufacturing and marketing textile piece goods, readymade garments and a wide variety of clothing and wearing apparels since last more than two and a half decades, through their predecessors. The Plaintiff is known to be selling its aforementioned goods through its retail outlet wherefrom the Plaintiff is known to offer its retail and wholesale services dealing in the said goods. In relation to the aforementioned goods and business, the Plaintiff is using the trade mark VIVA of which it claims to be the rightful owner and the proprietor. The Plaintiff contends that they are the registered proprietor of the trade mark VIVA in respect of goods falling under class 24 and 25 amongst other classes of Schedule IV of the Trade Marks Act, 1999. 2. The Plaintiff contends that the on 09th August 1983, its predecessor viz. Amar Brothers obtained registration of the trade mark "VIVA" under No. 409055 in respect of textile piece goods falling under Class 24. The Plaintiff contends that vide a deed of assignment dated 07th February 1989 executed between Amar Brothers and Amar Brothers Pvt. Ltd., all rights in the said trade mark stood assigned and transferred alongwith the goodwill of the business of the said Amar Brothers unto the said Amar Brothers Pvt. Ltd. and their name has been incorporated in the Registrar's records. Vide another deed of assignment executed on 01.07.1990 all rights in the said trade mark stood assigned and transferred unto the Plaintiff under the Plaintiffs former business name Amarnani Textile Industries Pvt. Ltd., which name has undergone a change to the Plaintiffs present business name i.e. Arviva Industries (India) Limited. The Plaintiff submits that its name has been duly incorporated in the said registration No. 409055 as the subsequent registered proprietor of the trade mark VIVA. The Plaintiff submits that its name has been duly incorporated in the said registration No. 409055 as the subsequent registered proprietor of the trade mark VIVA. On 10th December 1991, the Plaintiff obtained registration of the trade mark VIVA under No. 563521 in respect of clothing and wearing apparels of all sorts including hosiery falling in class 25. The Plaintiff contends that the mark VIVA is in continuous use in relation to textile piece goods since the year 1983 and in relation to clothing and wearing apparels of all sorts since the year 1988. The said registered trade mark of the Plaintiff continues to be valid, subsisting and in force. 3. According to the Plaintiff, the Defendant No. 1 is doing business from the address mentioned in the cause title above and claims himself to be the owner of the trade mark VIVACITY and others when used in relation to readymade garments and hosiery and has filed necessary application for registration of the impugned mark VIVACITY and others in his name. The Defendant No. 1 appears to own the website and domain name www.vivacity.co.in. on the world wide web. The Defendant No. 2 is a company which is doing business from the address mentioned in the cause title above and it claims to be manufacturing and marketing readymade garments under the trade mark VIVACITY and others for and on behalf of the Defendant No. 1. 4. The Plaintiff states that while it has been using the trade mark VIVA in relation to textile fabrics since the year 1983, it has used the trade mark VIVA in relation to its readymade garments and other clothing and wearing apparels since the year 1988. The Plaintiff further states that since the aforementioned periods respectively it has also been offering its retail and wholesale services dealing in the said goods under the said trade mark VIVA. Such use of the trade mark VIVA by the Plaintiff in relation to both goods and services has been continuous and spans across the length and breadth of the Republic of India. The Plaintiff continues to sell its fabrics and readymade garments through its retail outlet under the said trade mark VIVA and the same has also been widely advertising through various media of publicity, both audio and visual. The Plaintiff continues to sell its fabrics and readymade garments through its retail outlet under the said trade mark VIVA and the same has also been widely advertising through various media of publicity, both audio and visual. By virtue of such continuous and uninterrupted use in relation to fabrics since the year 1983 and in relation to garments since the year 1988, the Plaintiff has acquired immense and unparalleled goodwill and reputation in the said trade mark VIVA which has come to be associated in the minds of the purchasing public and in the trade with the Plaintiff and none else. The Plaintiff thus states that the trade mark VIVA is distinctive off the Plaintiff and none else and the reputation of the said trade mark is so immense and wide that it spreads far beyond the scope of the actual goods manufactured or the services offered by the Plaintiff. 5. The Plaintiff states that in February 2009 they came across an advertisement in the Trade Marks Journal No. 1403 of the impugned mark VIVACITY as applied for registration by the Defendant No. 1. The Plaintiff accordingly lodged their notice of opposition on 03.02.2009. The Plaintiff thereafter in October 2009 learnt that the Defendant No. 1 has also applied for registration of the other marks viz. VIVZ GURLZ, VIVZ 79 and VIVZ GALZ, hereinafter referred to as the other marks. The Plaintiff claims that in the month of December 2009, they learnt of the use of the impugned mark VIVACITY in relation to readymade garments by one Adams Retailing, Bandra, Mumbai. The Plaintiff accordingly issued necessary notice unto the said shop. However, no reply is received from the said shop. According to the Plaintiff, they came to know about the impugned activities of the Defendants in the year 2009 and accordingly the Plaintiff has filed the present suit for infringement of trade mark, passing off and other reliefs as mentioned in the suit plaint. 6. This Court by its Order dated 02 nd December, 2010 (S. C. Dharmadhikari J.), after hearing both sides, framed the following issues: Issue No. 1: Whether the Plaintiff proves that the Defendants are infringing upon the trademark "Viva"? Issue No. 2: Whether the Plaintiff proves that the Defendants are passing off their goods and for those of the Plaintiff? 6. This Court by its Order dated 02 nd December, 2010 (S. C. Dharmadhikari J.), after hearing both sides, framed the following issues: Issue No. 1: Whether the Plaintiff proves that the Defendants are infringing upon the trademark "Viva"? Issue No. 2: Whether the Plaintiff proves that the Defendants are passing off their goods and for those of the Plaintiff? Issue No. 3: Whether the Plaintiff proves that the Defendant's mark is deceptively similar to the plaintiffs registered mark? Issue No. 4: Whether the Plaintiff is entitled for a decree from this Court for Rs. 50 lakhs by way of damages from the Defendants? Issue No. 5: Whether the Plaintiff is entitled to perpetual order and injunction on its prayers of infringement and passing off? Issue No. 6: What order and Relief? 7. This Court by its Order dated 14th February, 2013 (S. J. Kathawalla J.) has taken on record the Affidavit of Evidence, Affidavit of Documents and the Compilation of Documents. 8. Though the Defendants have filed their Written Statement, they have not come forward to cross examine the Plaintiffs witness or lead evidence. The Defendants in their Written Statement have contended that the rival marks are different. 9. The Plaintiff has relied upon the certified copies of entries in the Register of Trade Marks for the trade mark VIVA in respect of registration No. 409055 under Class 24 and under No. 563521 under Class 25 annexed to the list of documents as Sr. Nos. 1 and 2. 10. The Plaintiff claims to have sold their fabrics and readymade garments under the trade mark VIVA since the year 1983 and 1987 respectively and has annexed the statement of the yearwise sales figures and the amounts spent on advertisement by them and their predecessors duly certified by the Company Secretary of the Plaintiff. The total sales of the Plaintiff are worth more than Rs. 1145/- Crores till the year 2009 for the goods sold under the trade mark VIVA. The Plaintiff has relied upon sales invoices, delivery challans, advertisement cuttings appearing in press and newspapers in support of the said sales figures and the advertisement expenses. 11. The total sales of the Plaintiff are worth more than Rs. 1145/- Crores till the year 2009 for the goods sold under the trade mark VIVA. The Plaintiff has relied upon sales invoices, delivery challans, advertisement cuttings appearing in press and newspapers in support of the said sales figures and the advertisement expenses. 11. The Plaintiff has contended that as a result of high quality of goods manufactured and marketed and owing to the extensive sales promotion and advertisement done by it over the years, the goods sold and the services offered under the trade mark VIVA have acquired an unique, enviable reputation and exclusive goodwill. The Plaintiff has further contended that by virtue of such long use and publicity undertaken by it, the said trade mark VIVA has become associated solely with it in the minds of a large section of our Society who identifies VIVA with the Plaintiff company and its aforementioned goods. The Plaintiff has thus claimed the said trade mark VIVA in the fabrics and garment industry to be recognized as a Well Known trade mark within the meaning of the provisions of Section 2(i)(zg) of the Trade Marks Act, 1999. The Plaintiff contends that it has all along been vigilant and diligent in protecting its rights in the trade mark VIVA and has filed necessary oppositions against various marks which are identical or similar to its trade mark VIVA. The Plaintiff has annexed a list of all such oppositions filed by it in evidence. 12. The Plaintiff has annexed copies of the Journal Cuttings of the impugned marks of the Defendant No. 1 as advertised in the Trade Marks Journal and the notice of oppositions lodged thereto. The Plaintiff has also annexed a tag in original which clearly shows that VIVACITY branded garments were being manufactured and marketed by the Defendant No. 2. The Plaintiff has nevertheless contended that as between the two Defendants, both have claimed ownership in the impugned mark VIVACITY in some form or the other. 13. The Plaintiff has further contended that both the Defendants appear to be carrying on their business from the same address and are thus acting in collusion and concert with each other. The Plaintiff has nevertheless contended that as between the two Defendants, both have claimed ownership in the impugned mark VIVACITY in some form or the other. 13. The Plaintiff has further contended that both the Defendants appear to be carrying on their business from the same address and are thus acting in collusion and concert with each other. The Plaintiff has also contended that Defendants definitely ought to be aware of the trade mark VIVA of the Plaintiff, its use and of its goodwill and reputation as until the year 2007-08, the Plaintiffs registered office address from where it was carrying on its business was located at 50AB, Govt. Industrial Estate, Charkop, Kandivali (W), Mumbai-400 067, which is incidentally the same Industrial Estate at Kandivali, Mumbai-67, from where the Defendants appear to be carrying on their business. The Plaintiff accordingly states that the adoption of the impugned mark thus appears to be in bad faith and is per se dishonestly undertaken by the Defendants. 14. The Plaintiff has therefore established that Defendants' use of the impugned mark VIVACITY and/or VIVZ either in relation to their readymade garments and/or as part of the retail business are deceptively similar marks to the Plaintiffs Well Known trade mark VIVA registered under Nos. 409055 in Class 24 and 563521 in Class 25 amounts to infringement of the said registered trade mark of the Plaintiff u/s 29 of the Trade Marks Act, 1999 and also amounts to passing off u/s 27(2) of the Trade Marks Act, 1999. 15. There is nothing on record that mitigates against anything that has been averred in the plaint and deposed to by the witness. The Defendants have used similar marks. In view of the above circumstances, Issue Nos. (1), (2), (3) and (5) are answered in the affirmative and as regards the Issue No. (4), the Defendants are directed to pay Rs. 50,000/- as and byway of punitive damages to the Plaintiff within four weeks of receipt of this order. As regards Issue No. (6), the suit is decreed in terms of prayer clauses (a) to (d). Costs to be quantified as per rules.