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C. HARI SHANKAR
Puma Se – Appellant
Versus
Brijendra Singh Trading As Sastajoota – Respondent
JUDGMENT
1. Summons in this suit were issued by this Court on 20 January 2022, on which date notice was also issued in IA 1081/2022 filed with the suit under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) with an ad interim order passed thereon. Fresh summons were directed to be issued on 4 May 2022 and again on 12 December 2022.
2. Defendant 1 was served on 18 January 2023, and it has been so noted in the next order dated 2 February 2023. Defendants 2 and 3 were deleted from the array of parties, leaving Defendant 1 as the sole surviving defendant, vide order dated 28 March 2023. As no written statement was filed by the defendant, the right of the defendant to file written statement was closed vide order dated 11 July 2023 passed by the learned Joint Registrar(Judicial).
3. The assertions and allegations in the plaint have, therefore, gone unrebutted and are deemed to be admitted on the principle of nontraverse.
4. Having heard Mr. Ranjan Narula, learned Counsel for the plaintiff and having perused the material on record, I am of the opinion that no contentious issue of fact or law arises, and that the suit is liable to be decreed in the plaintiffs favour, exerci
Trademark infringement and passing off established due to defendants' sale of counterfeit products, leading to a decree in favor of the plaintiff.
Infringing activities and lack of defense by the Defendant can lead to the award of damages and costs in favor of the Plaintiff.
The main legal point established in the judgment is that delay in instituting a suit, suppression of material documents, lack of evidence, and significant differences between the marks can be fatal t....
The delay in instituting the suit is fatal to the case of the plaintiff. The plaintiff had not even whispered about the reply notice issued by the defendant. This is very crucial since the defendants....
The central legal point established in the judgment is the enforcement of a settlement agreement in a trademark infringement case, acknowledging the rights of the trademark owner and directing the in....
The court established that failure to respond to infringement claims leads to automatic admission of the plaintiff's allegations, justifying a decree without trial.
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