27.01.

2014

Mr. Vikrant Rana

S.S. Rana & Co.
317, Lawyers Chambers
High Court of Delhi
New Delhi 110003

Dear Sir,
Sub:- Denial of frivolous claims and affirmative statement of MEGA GYMs rights
This letter is in response to your January 10, 2014 notice sent on behalf of GOLDS GYM.
1.

We write under instructions from and on behalf of our clients 1) MEGA GYM 2) Mr. Anil Hooda 3)
Mr. Praveen Hooda and deny each and every allegation set forth in your January 10, 2014 notice,
including the allegation that the logo/trademark MEGA GYM as being used by my client for his
gym/fitness centre is deceptively similar/identical to your clients registered trade mark GOLDS
GYM.

2.

It is categorically denied that my client has adopted the writing style of the word GYM and the
concentric circles logo with the device of a man lifting weights in yellow and black colour
combination for his gym/fitness centre which is deceptively similar to your clients registered trade
mark GOLDS GYM with malafide intention to encash upon its worldwide goodwill and reputation.

3.

It is further denied that my client being in the body building and fitness industry must be aware of
your client and its fitness centres globally under the name GOLDS GYM. It is denied that the use
of my clients logo which is dissimilar to your clients name/trademark in its entirety in respect of
your gym/fitness centre is bound to create confusion and deception in the minds of the public.

4.

It is vehemently denied that general public as well as persons who are already aware of your
clients existence worldwide, including present and potential customers, are likely to be deceived
and confused into believing that my client has some connection, association or affiliation with your
client, when there is no such connection whatsoever.

5.

It is categorically denied that the MEGA GYM device/logo is deceptively similar to your clients
logo/trademark and is in contravention and violation of the provisions of the Trade Mark Act, 1999.

It is also denied that my clients logo is similar to your clients logo/trademark and that my client
intends to pass off his business activities and gym/healthcare as that of your client.
The following factors demonstrate my clients use of the mark does not infringe or dilute GOLD GYMs
mark:
1.

MEGA GYM is a fitness centre in S-4, Vishwas Park, Dwarka, sector-3, near Rescue Hospital, New
Delhi-110075. MEGA GYM has been using the said mark since ....................

2.

MEGA GYM asserts that our mark is not deceptively similar to GOLD GYMS mark to cause
confusion. While the marks are similar in as much as the yellow coloured concentric circles or the
font of the words is concerned, they majorly differ in the following ways:

The name of the gym i.e. MEGA GYM is by no stretch of imagination similar to the
registered name of your enterprise i.e., GOLDS GYM.

The colour combination of my logo comprises of several colours which are yellow, black,
white, green and orange and does not imitate the colour scheme of your logo which is
limited to yellow and black.

The device of a man in my logo is of a muscular man lifting weights, which is in

consonance with services offered by my enterprise, that is, fitness and bodybuilding
activities. Moreover, my logo displays just the upper body of a muscular man lifting
weights above his head whereas your logo depicts full body of a man standing holding
weights in a downward direction.

Lastly, my logo comprises of a subtitle Unisex just below the concentric circles and a
green coloured outer square frame which makes it totally dissimilar to your logo and both
logos bear resemblance in no manner whatsoever.

3.

We assert that for the above reasons our mark is distinct from your mark. Just having employed
the same font unintentionally does not amount to infringement of others trademark. As you are
aware, the basis for a trademark infringement claim is consumer confusion. In your January 10,
2014 notice you did not provide any examples of actual confusion resulting from our concurrent
use of the marks.

4.

Due to the expense and importance of GOLD GYMs services, a consumer will take great care in
choosing your services. As a result consumers will be less likely to be confused by the concurrent
use of our respective marks. This factor weighs in your favor.

5.

My clients vehemently deny that we made any attempt to misappropriate GOLD GYMs good will or
to cause consumer confusion. My clients were unaware of GOLD GYMs use of the mark at the
time my clients began using MEGA GYMs logo, and thus could not have possibly chosen your
mark as an attempt to appropriate the goodwill of GOLD GYM.

6.

However, in order to avoid any controversies or confusion arising in the future from the alleged
similarity of the logos, if any, my clients undertake to change the logo of their enterprise in order to
remove any alleged similarity of the logos and confusion/deception to the general public which may
have arisen by use of the current logo. As a corollary, my clients further undertake to change the
present sign board of their gymnasium and cease circulation of the visiting cards with the
impugned logo.

7.

For these reasons and others, MEGA GYM undertakes not to dilute or otherwise infringe upon
GOLD GYMs trademark. And, any claims to copyright infringement are denied based upon use of
common jargon and expressions in the industry.

If despite this notice, your client chooses to initiate any legal action against my client then it will be
fought at the risk, cost and expense of your client.
The copy of the same is retained in my office for further reference.

Very truly yours,

1)

MEGA GYM
S-4, Vishwas Park,
Dwarka Sector-3
Near Rescue Hospital
New Delhi-110075

2)

Mr. Anil Hooda, Owner

MEGA GYM
S-4, Vishwas Park,
Dwarka Sector-3
Near Rescue Hospital
New Delhi-110075

3)

Mr. Praveen Hooda, Owner

MEGA GYM
S-4, Vishwas Park,
Dwarka Sector-3
Near Rescue Hospital
New Delhi-110075