The court affirmed protection of registered trademarks against infringement, ensuring consumer clarity and compliance from defendants, imposing costs for repeated litigation.

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

I.A.9717/2021 (for early hearing)

2. By this application, plaintiff is seeking early hearing of the main petition.

3. Notice issued.

4. Mr. Anirudh Sarin and Mr. Rohan Ahuja, Advocates, accept notice on behalf of defendant No.1 and 2 respectively and submit there is no objection if the present application is allowed.

5. For the reasons stated in the application, it is allowed and with the consent of counsel for the parties, the main petition is taken up for hearing today itself. The date of 23.08.2021 already fixed in the suit is accordingly cancelled.

6. Application is disposed of.

CS(COMM) 600/2019

7. In view of order passed in I.A.9717/2021, the date already fixed i.e. 23.08.2021 is cancelled and the suit is taken up for hearing today itself.

8. The present suit for permanent injunction, infringement of trade mark, passing off and account of profits under the TRADE MARKS ACT , 1999 has been filed by the plaintiff, who claims to be proprietor of "Pegasus device" marks in India since the year 1942.

9. According to plaintiff, defendants are using the mark respect of business of manufacturing/trading of lubricants and greases, which is blatant imitation of plaintiff's registered trade mark. Plaintiff in claims that the defendants have deliberately adopted the mark to cause confusion amongst the general public and consumers with a view to passing of their goods as those of plaintiff. Thus, plaintiff has prayed for grant of permanent injunction against the defendants from using the device or any other device identical or deceptively similar to plaintiff's pre-registered device.

10. Learned counsel for contemnor No.1 submits that in terms of order dated 24.03.2021, Shri Om Maurya, Director of contemnor No.1, has tendered an unconditional apology by way of affidavit dated 16.04.2021 in terms mentioned in Para-3(a) to Para-3(j) thereof.

11. Contemnor No.1 is present before the Court through video conferencing and he has tendered an unconditional apology before this Court and prays that the contempt proceedings against him be brought to an end.

12. Learned counsel for plaintiff submits that plaintiff is satisfied with the terms mentioned in the affidavit dated 16.04.2021 tendered by Shri Om Maurya, Director of contemnor No.1 and submits that the same be taken on record and the present suit be decreed in terms thereof. It is further submitted that in terms of Para-3(g) of the aforesaid affidavit, defendant/contemnor has to return/remove and destroy all product, stickers, labels, brochures, leaflets, banners, hoardings, visiting cards, invoices, bill books and/or any other articles bearing the trade mark in the presence of a representative of the plaintiff and this Court pass any directions in respect thereof.

13. Learned counsel for defendant No.1 undertakes to abide by the term mentioned in Para-3(g) of the aforesaid affidavit and submits that defendant No.1 shall cooperate the plaintiff in this regard.

14. In view of the above, the aaffidavit dated 16.04.2021 tendered by Shri Om Maurya, Director of contemnor No.1 pursuant to order dated 24.03.2021, is taken on record and his unconditional apology is accepted. He shall remain bound by the terms and conditions mentioned in the affidavit. The contempt proceedings initiated against contemnor No.1 pursuant to order dated 30.09.2020 are hereby brought to an end and the suit is decreed in terms mentioned in Para-3(a) to Para-3(j) of affidavit dated 16.04.2021 of Shri Om Maurya, Director of contemnor/defendant No.1.

15. At this stage, learned counsel for plaintiff insists for imposition of costs upon defendant No.1 on the ground that despite imposition of cost of Rs.50,000/-in previous round of lit