RAJIV SAHAI ENDLAW, J.

1. The suit has been filed for the relief of permanent injunction restraining the infringement of the registered trademark TENDER KARE, for restraining the defendant from passing off its same goods as that of the plaintiff by using the mark TENDER CARE, for restraining the defendant from infringing the copyright work of the plaintiff on its cartons/packaging and for the ancillary reliefs of delivery, damages and costs. Alongwith the plaint an application for interim relief (IA No. 811/2008) restraining the infringement / passing off has also been filed. Vide interim order (after notice) dated 2nd May, 2008 the defendant was restrained from using the trademark of the plaintiff or any trademark similar to the trademark of the plaintiff.

2. The plaintiff is the registered proprietor of the trademark TENDER KARE in class 10 in respect of the feeding bottles and nipples. The plaintiff has filed the original certificate of registration dated 24th December, 2005 of the said mark in the court. The said certificate was issued pursuant to the application dated 18th May, 2004. The counsel for the defendant has also during the hearing not controverted the regis