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2013 (5) TMI 188 - DELHI HIGH COURTInfringement of trademarks - Plaintiffs seeking permanent injunction and also praying for an order of delivery-up of all infringing materials along with the rendition of accounts of profit illegally earned as well as damages Held that:- In the instant case, after perusal of the report of Local Commissioner along with the list of inventory prepared by him of the impugned goods and also after perusal of the other documents placed on record. I am of the opinion that the plaintiff has established a case of passing off with respect to the defendant’s products carrying the plaintiff’s trade mark TATA. The impugned goods are also clearly infringing the well-known trade mark of the plaintiff. The suit of the plaintiff is accordingly decreed and an order of permanent injunction restraining the defendants from manufacturing, selling, advertising pressure cookers or goods of any description bearing a trade mark that is identical or similar to the plaintiff’s trade mark TATA. The defendants are also directed to destroy the goods and packaging material or any other printed material bearing the trade mark TATA within a period of four weeks from today. With regards the relief of damages prayed the evidence of the plaintiff has gone unrebutted, which includes loss of business, reputation and goodwill in the market. Since the amount of damages claimed is based on assessment of the plaintiff which is unassailed a sum of Rs. 5,05,000/- can be reasonably awarded to the plaintiff as compensatory for the loss of business and damage to the goodwill.
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