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2019 (5) TMI 1919 - HC - Indian LawsSeeking permanent injunction restraining infringement of trade mark, passing off, unfair competition, for rendition of accounts of profits/damages, delivery up etc. - HELD THAT:- Due to the lack of any defence on behalf of Defendant No. 1, as also the fact that no valid defence has been raised disputing the Plaintiffs' rights in the mark by Defendant Nos. 2 and 3, the suit is liable to be decreed. Accordingly, a decree of permanent injunction is granted in favour of the Plaintiff and against the Defendants Nos. 1 to 3 in terms of para 34 (a), (b) and (c) of the plaint. The damages are liable to be awarded against the Defendant no. 1. The suit is decreed against Defendant No. 1 for a sum of ₹ 20 lakhs. Insofar as Defendants No. 2 and 3 are concerned, the said Defendants shall pay damages of ₹ 50,000/- each to the Plaintiff. Defendant No. 2 and 3 are willing to handover the seized products to the Plaintiffs representative. Both Defendant Nos. 2 and 3 are directed to hand over the products seized from them by the Local Commissioners to the Plaintiffs' representative on 20th May, 2019 and 21st May, 2019. The costs shall be paid on the date when the Plaintiffs' representative visits the premises of Defendant Nos. 2 and 3. The Plaintiff has suffered heavy costs in the litigation including court fees, fees of the Local Commissioners, cost of investigation, etc. The suit is decreed against Defendant No. 1 with actual costs incurred. Let bill of costs incurred be placed on record by Ld. Counsel for the Plaintiff. The suit is decreed.
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