The main legal point established in the judgment is that valid evidence is crucial in proving claims for reliefs related to trademark infringement and passing off.

1. This civil suit has been filed to pass a judgment and decree, against the Defendant:-

(a) granting perpetual injunction, restraining the Defendant, from in any manner, infringing the plaintiff's registered trademark SUN STAMPER by use of the trademark 'Presto INSTANZA' or any other mark deceptively similar to the plaintiff's registered trademarks.

(b) granting perpetual injunction restraining the Defendant from in any manner infringing/ pirating the plaintiff's registered design of 'Box type pre inked rubber Stamp' carrying design registration no. 207586 in class 19-02 by manufacture, advertisement and/or sale of pirated box type pre inked rubber stamp.

(c) granting perpetual injunction restraining the Defendant from in any manner passing off the trademark of the Plaintiff SUN STAMPER by use of the trademark of the Defendant 'Presto INSTANZA' or deceptive trade dress, design, model, size, colour scheme, getup, layout or by use of any other mark deceptively similar to the plaintiff's registered trademarks or registered design.

(d) directing the Defendant to surrender to the Plaintiff for destruction all labels, dies, blocks, moulds, screen prints, advertisement and promotional materials, packing materials, pre inked box type rubber stamps and any other materials bearing the same design with trademark 'Presto INSTANZA' or any other mark and design deceptively similar to the trademark of the Plaintiff or any other design which is an imitation of the design of the Plaintiff, besides to disclose the details of manufacturers of the Defendant's pirated box type pre inked rubber stamps and imitative designs.

(e) directing the Defendant to render true account of profits made by the use of the trademark and design and final decree be passed in favour of the Plaintiff after the Defendant has rendered the accounts.

(f) directing the Defendant to pay the costs of the suit to the Plaintiff.

2. The case of the Plaintiff is that the Plaintiff, a Private Limited Company incorporated under the Companies Act, in the year 1998 has been carrying on the business of manufacturing and marketing of rubber stamps, marking systems and promotional gifts. The Plaintiff is the manufacturer and seller of pre inked box type rubber stamps under the name and style of SUN STAMPER vide registered trademark no. 1375324. For the said product, the Plaintiff is having clients all over the world. The Plaintiff had also manufactured number of new models in different designs of pre inked rubber stamps. The Plaintiff had also registered their designs of the pre inked box type rubber stamps vide Nos. 207580 to 207586 in Class 19-02 in respect of the said stamps. The pre inked rubber stamps of the Plaintiff are distinct and tailored to meet the requirements of the end consumers and the said stamp is a unique product with modern quality, which gives 30000 impressions of the stamp. The sales turn over was increased from Rs.1,18,445/- in the financial year 1999-2000 to Rs.14,100,000/- in the financial year 2009-2010.

3. It is the further case of the Plaintiff that the Plaintiff came to know that the Defendant is also manufacturing and marketing the pre inked rubber stamps in the box type, which are similar in size, design, model and get up to that of the Plaintiff, under the name 'Presto INSTANZA.' In other words, the Defendant had pirated the original registered design of the Plaintiff under registration no. 207586 in Class-02. The products of the Defendant in the market will lead the consumers to falsely believe that the product of the Defendant originate from the house of the Plaintiff leading to confusion as to source. The Defendant is committing the acts of piracy of the registered design, infringement of registered trademark and act of passing off their goods as that of the Plaintiff. By taking advantage of the reputation of the Plaintiff in the market, the Defendant is enriching themselves unauthorisedly, stealthily and unlawfully. Though the Defendant had filed