The registered proprietor of a trademark has the exclusive right to use it and can seek injunction, damages, and delivery up of infringing material against an infringer.

GITA MITTAL, J.

( 1 ) THE plaintiff has filed the present suit seeking the reliefs for permanent injunction against the defendant from infringement of its registered trademark in the expression `infosys' and from passing off the goods of the defendants as if they were those of the plaintiffs and an order of delivery up of the infringing material by the defendants as well as a claim for damages to the tune of Rs. 20 lakhs and an order for rendition of accounts of profits illegally earned by the defendants. On 28th September, 2005 an ex-parte injunction was granted in favour of the plaintiff and against the defendants prohibiting defendant No. 1, its assigns, employees, servants, dealers, retailers and all persons acting on their behalf from using ?infosys? as a part of their trade name or corporate name, either with or without any prefix or suffix which amounts to infringement of the plaintiffs' trademark.

( 2 ) SUMMONS were directed to be issued for service of the defendants in the suits. Summons sent through registered covers by the Registry to defendant nos. 1, 3, 4 and 5 for hearing fixed on 22nd February, 2006 were returned with the reports of refusal of service while defendant nos. 2, 3 and 4 were served with the summons by ordinary process. In these circumstances, the defendants were proceeded against ex-parte by an order of this Court passed on 18th April, 2006 and the plaintiff was required to file its ex-parte evidence by way of affidavit.

( 3 ) THE plaintiff has filed its evidence by way of an affidavit of Shri parveen Biswas, a constituted attorney of the plaintiff. In this view of the matter, for the purposes of adjudication on the present case, only the facts averred by the plaintiff in the plaint and proved by way of affidavit by way of evidence are required to be considered.

( 4 ) THE facts established on record show that the plaintiff was incorporated as a Company under the Companies Act, 1956 on 2nd July, 1981 as `infosys Consultants Pvt. Ltd. ' in the State of Maharashtra. The plaintiff shifted its base to Karnataka in the year 1992 and changed its claim to `infosys technologies Pvt. Ltd. ' on 21st April, 1992. Subsequently, the name was further changed to Infosys Technologies Ltd. on 2nd of June, 1992 when the plaintiff became a public company. The expression `infosys' at all material times was and still is the key, essential prominent and principal part of the corporate and trade name of the plaintiff since its inception in the year 1981.

( 5 ) SHRI Parveen Biswas, who has signed and verified the plaint and instituted the present suit has been authorised by a resolution of the plaintiff-Company.

( 6 ) THE expression ?infosys? as a trademark/service mark has been proved to have been registered by the plaintiff in various classes in over 20 countries. In India, the trademark has been registered towards various categories of goods since 15th July, 1987, which include computer stationery, computer manuals, printed matter for computer instructions, teaching material, computer hardware, computer inter faces, peripherals, electronic telex interfaces, computer software, stationery, manuals, brochures, printted matters, instructional and teaching material. It also has registrations for computer hardware, data modules, motion control devices, warehouse management systems, customers service management systems as used in banks, automatic teller machines, computerised interactive machines, all being goods in class O-9. Besides this, the plaintiff has registrations of the trademark from different dates in the year 1999 in various goods in Classes 2, 3, 6, 9, 12, 14, 15, 16, 17, 19, 20, 23, 24, 27, 28, 29, 31, 32, 33 of the Trademark Act.

( 7 ) THE plaintiff has also proved the validity of the registrations which are stated to have been renewed from time to time and are subsisting and in force in favour of the plaintiff even at present.

( 8 ) THE expression `infosys' was coined by the plaintiff so as to distinguis