JUDGMENT :

1. The present suit has been filed on behalf of the plaintiff seeking relief of permanent injunction restraining the defendants from infringing plaintiff’s trademark ‘BURGER KING’ and its formative marks, passing off their goods as that of the plaintiff along with other ancillary reliefs.

2. The plaintiff has obtained various registrations in respect of its mark ‘BURGER KING’ and its formative marks in various classes. Details of the registration of the said marks are given in Annexure A annexed to the plaint.

3. Vide order dated 25th July, 2014, an ex-parte ad interim injunction was granted in favour of the plaintiff restraining the defendants from using the trademark ‘BURGER KING’ or any other deceptively similar mark. Subsequently, vide order dated 24th September, 2018, the aforesaid interim order was confirmed till the final adjudication of the present suit. Appeal is stated to have been filed on behalf of the defendant, which is pending before the Division Bench of this Court.

4. It was noted in the order dated 18th February, 2020 passed in the suit that one of the defences raised by the defendants in their written statement is that the plaintiff’s registered trademark