2013 (11) TMI 958

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..... ingement of trade mark and passing off committed by the Defendant by using almost identical and/or similar trade mark EASY WASH upon and in relation to liquid detergent. The Plaintiff is a company established under the Companies Act, 1956 and is the present (subsequent) proprietor of the trade mark EZEE registered under the Trade and Merchandise Marks Act, 1958 under Nos.410491 and 513930 both in .....

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..... rms the correctness of the contents of the Affidavit. The Affidavit, inter alia, reiterates what is stated in the Plaint. Through the said evidence, the documents are tendered in the Court which are taken on record and marked ExhibitX collectively. The said documents inter alia include the original Power of Attorney dated 26th July 2012 executed by the Plaintiff in favor of the said Mr. Mandar Cha .....

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..... s of India, Mumbai Edition, dated 15.10.2006. 4. Mr. Kane, Learned Advocate appearing for the Plaintiff states that the Plaintiff is the registered proprietor of the trade mark EZEE and that the Plaintiff has been continuously, openly and extensively using the said trade mark EZEE upon in respect of the said goods since December, 1983 and the same has become distinctive with the Plaintiff's goods .....

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..... e present suit was filed for infringement of trade mark and passing off. The impugned trade mark EASY WASH is closely and deceptively similar to the Plaintiff's prior used and registered trade mark EZEE. In fact the rival trademarks are aurally almost identical. 6. There is nothing on record that militates against anything that has been averred in the Plaint and deposed to by the witness. 7. Aft .....

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..... and with a view to dissuade others from indulging into such activities it is imperative that some punitive damages are awarded to the Plaintiff. I, therefore award punitive damages amounting to Rs.50,000/to the Plaintiff and against Defendant. 11. The office shall return the original documents to the Advocate for the Plaintiff upon the Advocate for the Plaintiff handing over Photostat copies of t .....

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