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2013 (5) TMI 323 - HC - Companies LawDecree for permanent injunction - allegation of infringement of trade mark registered in the name of the Plaintiffs containing the mark SATYA - Held that:- Plaintiffs have proved the facts stated in the plaint and have also exhibited the relevant documents in support of its case. Since the plaintiff’s evidence has gone unrebutted, said evidence is accepted as true and correct. Feature of the defendant’s mark that means “SATYA” is identical to the plaintiff’s trade mark and the services offered by the defendant are identical to the plaintiffs, a presumption of infringement arises in accordance with Section 29(2)(c) read with Sections 29(3) and 29(5) of the Trade marks Act, 1999. This Court is also of the opinion that the triple identity test is satisfied in the present case inasmuch as the competing trade marks, products and class of purchasers are the same. Thus the plaintiff has made out a case for grant of decree as prayed in the plaint in his favour and against the defendant in terms of para 33(i), (ii), (iii) & (v) of the plaint with costs and damages to the tune of Rs.5.00 lakhs.
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