M.Sundar, J.

Mr.R.Sathish Kumar, learned counsel on record for sole plaintiff and Mr.V.Sivakumar, learned counsel on record for sole defendant are before this Commercial Division.

2. By consent of both the aforesaid learned counsel, the main suit itself is taken up and is being disposed of.

3. The main suit has been filed by the plaintiff company, complaining of infringement of trademark, infringement of copyright and passing off.

4. Other usual prayers regarding directions to surrender offending material, accounts, costs and residuary limb of prayer have also been made.

5. I deem it appropriate to extract the prayer paragraph in the plaint i.e., paragraph No.12, which reads as follows:

'(a) grant a permanent injunction restraining the defendants abovenamed by themselves, their servants, agents or anyone claiming through them from in any manner infringing the plaintiffs' Registered Trade Mark ZINCOVIT by using the offending trade mark ZIB along with the word ZINCOVIT or any other mark or marks which are identical and similar to the plaintiff's registered trade mark ZINCOVIT;

(b) grant a permanent injunction restraining the defendants abovenamed by themselves, their servants, agent