The main legal point established in the judgment is that wilful and wanton defiance of a court's order of injunction, particularly in cases of trademark infringement and passing off, constitutes contempt of court.

I. DAVID CHRISTIAN, J.

1. Applications have been filed under Sections 10 to 12 of the Contempt of Courts Act. These two applications have been filed by the plaintiffs in the suit in C.S. No. 718 of 1999 drawing the attention of the court about the wilful and deliberate disobedience of the order passed in O.A. Nos. 579 & 580 of 1999 dated 23.9.1999 by the respondents, who are the defendants in the suit. In the affidavit filed in support of the applications, following averments are made:-

2. Suit and original applications were filed by M/s. Mars Incorporated, Mclean, Virginia, United States of America, a company incorporated as per the laws in United States of America and the plaintiff company is represented by its power of attorney. The suit was filed against the defendants, who are now respondents in these applications alleging infringement of plaintiff's trademark rights and act of passing off by the respondents/defendants. Interim applications were filed in O.A. Nos. 579 & 580 of 1999. Interim injunction in those applications is to restrain the respondents, their partners, their legal representatives, etc., from in any manner infringing their registered trademark 'Galaxy' and 'Milky way'. Other application was filed for interim injunction restraining the defendants/respondents from passing off their goods as that of the plaintiffs. By a common order dated 23.9.1999 passed in O.A. Nos. 579 & 580 of 1999, this Court passed an order as follows:-

"that (1) Chanda Softy Ice Creams, G-7, Wellington Estate, 24, C-in-C Road, Egmore, Madras - 600 105, (2) Mr. Bhushan Goyal, (3) Mr. Girish Gupta, (4) Milky Way, Galaxy of Ice Creams, G-7, Wellington Estate, 24, C-in-C Road, Egmore, Chennai - 600 105, the respondents herein, their partners, heirs, legal representative, stockists, or any of them be and hereby restrained by an injunction until further orders of this court from (a) in any manner infringing the applicant's registered Trade Marks 'Galaxy' and 'Milky Way' by use of Trade Marks 'Galaxy' and 'Milky Way' or any similar thereto (b) in any manner passing off or enabling others to pass off the respondent's business and goods as and for the business and goods of the applicant by use of 'Galaxy' and 'Milky Way' or any mark similar thereto the Trade Marks and as part of trading style/business name in respect of ice creams, frozen goods, snack foods or in any other manner whatsoever."

Copy of the said order was duly served on the respondents. The respondents have not even filed any application till date to vacate the order of injunction. First respondent is a partnership firm and the respondents 2 & 3 are the partners of the said firm. Fourth respondent is a firm and the respondents 2 & 3 are associated and connected with, having a close trade nexus with Fourth respondent. Inspite of the interim injunction granted by this Court, the respondents still continue to use the Trademarks 'Galaxy' and 'Milky Way' on their name board prominently displayed outside their premises. Therefore, the respondents are deliberately and wilfully violating the order of injunction passed by this Court. A copy of photograph taken on 18.11.1999 in front of the respondents shop clearly shows that the trademarks Galaxy and Milky Way appear on the name board and signboard which clearly shows that the respondents are wilfully violating the order of this Court. Copies of the photographs are filed along with the documents. Photos were again taken on 28.3.2000 prior to filing of this affidavit only to show that the respondents are continuously violating the order with all impunity. Illegal activities of the respondents being carried on in violation of the order passed by this Court cause irreparable loss and injury to the plaintiff's goodwill, reputation and the business carried on by the plaintiff. Therefore, the respondents are guilty of committing contempt of court and defiance of the order passed by this Court and hence they are liable to be punished ac