Unauthorized use of a trademark without permission or authorization constitutes infringement and passing off, causing harm and injury to the trademark owner and the public.

MANMOHAN, J.

1. Present suit has been filed for permanent injunction against trademark infringement, passing off, unfair competition, rendition of accounts, damages and delivery up. The prayer clause in the suit is reproduced herein below:-

“(a) Pass and pronounce a decree of permanent/perpetual injunction against infringement of Plaintiff’s registered trade/service mark PRUDENTIAL, by restraining the Defendants, their promoters, directors, assigns, sister concern, affiliates, relatives, successors-in-interest, licensees, franchisees, partners, representatives, servants, distributors, employees, agents etc. or anyone associated with them from using the mark PRUDENTIAL and/or any mark identical with or deceptively similar to the Plaintiff’s trade/service mark PRUDENTIAL singularly or in conjunction with any other word or monogram/logo as a trade mark, service mark, house mark, trade name, trading style, corporate name, website, domain name, e-mail address, other web pages or otherwise in any manner whatsoever so as to infringe the Plaintiff’s aforesaid registered trade/service marks;

(b) Pass and pronounce a decree of permanent/perpetual injunction restraining Defendants, their promoters, directors, assigns, sister concern, affiliates, relatives, successors-in-interest, licensees, franchisees, partners, representatives, servants, distributors, employees, agents etc. or anyone associated with them from using the mark/name PRUDENTIAL and/or any mark identical with or deceptively similar to the Plaintiff’s trade/service mark/name PRUDENTIAL in any manner so as to pass off or enable others to pass off their products or services as that of the Plaintiff or in some manner connected with the Plaintiff;

(c) Pass and pronounce a decree of mandatory injunction against Defendants directing it to change the corporate name of Defendant No. 1 by deleting PRUDENTIAL there from;

(d) Pass and pronounce a decree directing Defendants, their promoters, directors, assigns, sister concern, affiliates, relatives, successors-in-interest, licensees, franchisees, partners, representatives, servants, distributors, employees, agents etc. or anyone associated with them to deliver-up to the Plaintiff for destruction of their entire stationery, letterheads, signage, reprographic material, brochures, literature or any other material for advertising, offering or marketing any services under the mark PRUDENTIAL and/or any mark identical with or similar to the Plaintiff’s trade/service mark/name PRUDENTIAL;

(e) Pass and pronounce a decree directing the Defendants to transfer in favour of the Plaintiff or cancel all the domains registered by them or on their behest containing PRUDENTIAL including, inter alia, ‘prudential.net.in’ and ‘prudentialpoints.com’;

(f) Pass and pronounce a decree for rendition of accounts directing each of the Defendants to produce before the Hon’ble Court or any person nominated/designated/appointed by this Hon’ble Court all accounts in general and invoices and sales figures in particular;

(g) Pass and pronounce a money decree in favour of the Plaintiff and against the Defendants for payment of damages in the sum of Rupees Two Crores and One Lakh or in such higher sum as may be determined/ascertained pursuant to the rendition of accounts;

(h) Award costs of the Suit; and

(i) Any other orders as this Hon’ble Court may deem appropriate in the facts and circumstances of the case.”

2. At the outset, learned counsel for the plaintiff states that he does not wish to press prayers (d), (e), (f) and (g) of the aforesaid prayer clause. The statement made by learned counsel for the plaintiff is accepted by this Court.

3. On 05th November, 2015, this Court had granted an ex parte Advocates Appeared: interim injunction in favour of the plaintiff and against the defendants. The relevant portion of the said order is reproduced herein below:-

“3. In view of the arguments urged on behalf of the plaintiff, till further orders unless varied by the Court, def