MANMOHAN, J (Oral):

1. Present suit has been filed for permanent injunction restraining infringement of trade mark, trade dress, copyright, passing off and damages against the defendants.

2. In the plaint the plaintiffs have claimed that they are the registered owner of the well known trade mark CENTER FRESH and the defendants have been using the trade mark Super Fresh with a nearly identical label which is a colourable imitation of the artistic work comprising the label and wrapper of CENTER FRESH.

3. In the plaint it is stated that the plaintiffs had given cease and desist notice and in response thereto, defendants on 4th February, 2005 had given an undertaking that they would not use any of the plaintiffs’ trade mark including CENTER FRESH. However, as the defendants did not abide by their undertakings, plaintiffs filed the present suit.

4. On 25th August, 2009, this Court granted not only an ad interim injunction restraining the defendants from infringing the plaintiffs’ trade mark CENTER FRESH but also appointed a Local Commissioner. The Local Commissioner in her spot report has stated as under:-

Inventory

1) Labels to be affixed on plastic jars lying loose in the pre