JUDGMENT :

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

2. The present suit has been filed by the Plaintiff seeking permanent injunction, restraining infringement of the trademark, copyright passing off, damages, rendition of accounts, dilution, delivery up, etc. The Plaintiff is stated to have over 14,000 employees with a network of over 5 lakh retailers in India. The Plaintiff seeks protection of its trademark ‘LIMCEE’ which is a chewable Vitamin - C preparation. The said mark was adopted by the Plaintiff’s predecessor-in-title Ambalal Sarabhai Enterprises Private Limited in 1977. The said mark was also registered as of 5th October, 2001, with user claimed from 4th January, 1977, bearing registration no. 1049892. Vide Deed of Intellectual Property Assignment dated 8th September, 2010, the predecessor-in-interest had assigned the mark to the Plaintiff. The sales of the Plaintiff are stated to have been in excess of Rs.2,457.50 lakhs in 2019.

3. The grievance of the Plaintiff in the present suit is that the trademark ‘LIMCEE’ along with its packaging has been identically copied by the Defendants by using the mark ‘LICMEE’ and ‘LICMEE PLUS’ for identical prep