The central legal point established in the judgment is the protection of exclusive proprietary rights and goodwill attached to registered trademarks, and the court's authority to grant permanent injunction in cases of trademark infringement and passing off.

JUDGMENT :

Manmohan Singh, J.

1. The defendants are ex-parte. The present suit has been filed by the plaintiff for permanent injunction restraining infringement of trademark and passing off with rendition of account of profits against the defendants. It is the case of the plaintiff, M/s. Oxigen Services India Pvt. Ltd., that initially at the time of its incorporation, it was known as M/s. India Prepaid Services Pvt. Ltd. and the plaintiff changed to the present name in 2006. It has been stated that the plaintiff is a Payments Solution Provider (PSP) and handles aggregation and distribution of prepaid services viz. mobile recharge, bill payments, ticketing and subscriptions for all leading telecommunication operators in India, Direct-To-Home (DTH) TV Operators, internet broadband services providers, railway/airlines/bus/movie ticketing, bill payments, prepaid value-added services, subscription services (internet phone packs, magazines etc.), nokia music, insurance and a large bouquet of banking services on a single platform.

2. Additionally, the plaintiff is also the technology providers for India's first Full Service eWallet from State Bank of India called MobiCash, with cash-in/out, peer to peer, wallet to any Bank, Merchant payments as well and has also partnered with State Bank of India to ensure market availability of MobiCash at the plaintiffs retail outlets. The plaintiff offers and markets these wide range of services all over India through its Retail Management Units and Super Retail Outlets (SRO). It has been stated that the plaintiff has a national footprint and proven track record of sustained growth and innovation, as a result of which today the plaintiff is recognized as an industry leader. It has also been stated that plaintiff commenced business under its trademark "Oxigen" from 21st August, 2006.

3. The plaintiff filed the present suit against the defendants for restraining them from using the trademarks "oxigen" and/or "oxizen" which forms the essential and dominant feature of plaintiffs business. It has been stated that plaintiff has various registered trademarks i.e. Oxigen (Device of label) registered under class 9 bearing registration No. 1283897, Oxizen registered under class 9 bearing registration No. 1283851, Oxizen registered under class 38 bearing registration No. 1283854 and Oxigen (label) registered under class 9 bearing registration No. 1283895, all registered in May, 2004. It is stated that plaintiff has exclusive proprietary rights and goodwill attached to their services under the said trademarks and there is a substantial public recognition of the said trademarks distinctive of plaintiffs services.

4. It has been stated that defendant No. 1 is a unit of M/s. JVC Finance Ltd. and carries on business activities/services under the name and style of "Oxigen24 Teleservices" which are identical and deceptively similar to one being offered by the plaintiff. Defendant No. 2 is stated to be controlling, managing and operating defendant No. 1 and pursuant to a written Agreement dated 28th September, 2012 entered into by the plaintiff and defendant No. 2, the defendant No. 2 had the Super Retail Outlet (SRO) of the plaintiff. It has been stated by the plaintiff that though initially the defendant No. 2 continued to discharge responsibilities assigned to him, later on his intentions became dishonest and he started working against the interest of the plaintiff. Subsequently, on 22nd January, 2013 the defendant No. 2 was suspended indefinitely due to his misconduct and behavior, apart from working against the interest of the plaintiff.

5. It has been stated that the trademarks of the plaintiff comprise a substantial part of plaintiffs distinct identity and through its continuous use, sale of their wide-range of services, under the said trademark and extensive advertisements in various media, for a long period of time, trademark "Oxigen" of the plaintiff has been established as well-known trademark and enjoy an exce