JUDGMENT

S.J. Kathawalla, J. - The Plaintiff has filed the present suit seeking reliefs in respect of :

i) infringement of the Plaintiff''s registered trademark "Classic Steels", bearing No. 1467897 in class 21 of the Trademarks Act, 1999 in respect of stainless utensils;

ii) infringement of the Plaintiff''s copyright in its distinctive "Classic Steels" label; and

iii) passing off by the Defendant of its products as and for that of the Plaintiff.

2. By an order dated 30th January, 2018 leave to the Plaintiff was granted under clause XIV of the Letters Patent Act to combine the cause of action for passing off with that of infringement of trademark and infringement of copyright.

3. By consent, the Notice of Motion is heard finally.

4. The Plaintiff''s case in the Plaint is as follows :-

a) the Plaintiff is the registered proprietor of the distinctive mark "Classic Steels" bearing number 1467897 in class 21 of trademarks Act 1999 in respect of stainless utensils with effect from 7th July, 2006 (Exhibit A page 22 of the Plaint).

b) The Plaintiff had incorporated the trading name and style of M/s. Classic Steels in 1985.

c) the name and/or mark Classic Steels has been used by the Plainti