Manmohan, J.

1. The plaintiff has filed the present suit for permanent injunction restraining infringement of trademark, passing off, damages, rendition of accounts and delivery up of the infringing material etc. The prayer clause in the plaint is reproduced hereinbelow:-

i) An order for permanent injunction restraining the Defendants, their partners or proprietors, their officers, servants, agents and all persons, firms, corporations and associations in active concert or participation with the Defendants from importing, exporting, manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in any product, including but not limited to bags bearing any word mark or character device as may be identical with or deceptively similar to the Plaintiff’s trade mark “Mickey Mouse” and/or any other characters/trade mark amounting to infringement of the Plaintiff’s registered trademarks as detailed above.

ii) An order for permanent injunction restraining the Defendants, their partners or proprietors, their officers, servants, agents and all persons, firms, corporations and associations in active concert or participation with the Defendants from importing, exporting, manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in any product, including but not limited to bags bearing any word mark or character device as may be identical with or deceptively similar to the Plaintiff’s trade mark “Mickey Mouse”, and/or any other words/characters originating in/owned by the Plaintiff or in any other way passing off their goods as those of the Plaintiff or as may suggest a connection or association with the Plaintiff.

iii) An order for rendition of accounts of profits, directly or indirectly earned by the Defendants from their infringing activities and wrongful conduct and a decree for the amount so found due to be passed in favour of the Plaintiff.

iv) An order for delivery up by the Defendants of all finished and unfinished materials, advertising material, blocks, dies etc. bearing the word marks/likenesses of the Plaintiff’s trademarks, for the purpose of erasure/destruction.

v) A sum of Rs.20,00,000 for a decree of damages as valued for the purposes of this suit in the preceding paragraph for the purposes of loss of sales, reputation and goodwill of the Plaintiff’s trademarks caused by the activities of the Defendants.

vi) An order as to the costs of the proceedings.

2. The plaintiff, namely, Disney Enterprises, Inc., is a Corporation organised and existing under the laws of the State of Delaware in the United States of America with its principal place of business at 500 South Buena Vista Street, Burbank, California 91521-6840, USA.

3. The plaintiff claims both common law trademark rights as well as trademark registrations for the trademark DISNEY and Disney devise marks in more than 58 countries the world over. The Certificate for Use in Legal Proceedings evidencing plaintiff’s registration of both a variety of word and device marks in India has been exhibited as Ex. PW 1/8.

4. The relevant facts of the present case are that in July, 2008, the plaintiff conducted an investigation of various parties including that of the defendants and discovered that defendant nos. 3, 4 and 5 are engaged in manufacturing, selling and exporting counterfeit bicycles for children bearing the trademark DISNEY and Disney characters. Defendant nos. 1 and 2 are the owners of defendant nos. 3 to 5.

5. It is the case of the plaintiff that defendants’ use of the plaintiff’s trademarks is an unauthorised use and the defendants have adopted the same on account of the goodwill and reputation generated by the plaintiff in its well known trademarks to mislead the consumers into believing that they are associated with the plaintiff.

6. The plaintiff states that, in order to amicably settle the dispute, the plaintiff made several attempts to contact the defendants. However, the defendants did not respond to any of the let