JUDGMENT

(Oral)

1. Plaintiff has preferred the present suit under Section 26 and Order VII Rule 1 CPC as well as under Sections 27 to 29, 134 and 135 of the Trade Marks Act, 1999 seeking permanent injunction from infringement/ unauthorized use of trade name /trade mark/ trade dress/copy right/passing of/dilution and damages/rendition of accounts of profit against the defendant.

2. Plaintiff claims to be in the business of production and sale of energy drinks and beverages under the brand name “HELL ENERGY” and having obtained registration in respect of trade mark for the goods “beer; mineral and aerated waters; other non-alcoholic beverages; fruit drinks and fruit juices; syrups and other preparations for making beverages”, in Hungary and other countries. Plaintiff claims to have obtained amassed an enviable position in the industry all over the world. Plaintiff had filed an application for opposition against application of defendant seeking registration of trade mark ‘Hellxxx’ in Class 32 before the Registrar of Trade Marks, Delhi and approached this Court submitting that defendant has no legitimate right to use the mark “HELL” with or without the suffix “xxx” or any other trade mark