The court applied the provisions of the Code of Civil Procedure, 1908, and the Commercial Courts Act, 2015, to grant a summary judgment in a case involving trademark infringement, copyright infringement, and passing off.

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, agents or anyone claiming through them from in any manner infringing the plaintiffs' Copyrighted artistic work ZINCOVIT by using the offending artistic work ZIB along with the word ZINCOVIT or any other work or works which are identical and similar to the plaintiff's registered Copyright over the artistic work ZINCOVIT.

(c) grant a permanent injunction restraining the defendants, their servants or agents or anyone claiming through them from in any manner passing off of their pharmaceutical products bearing the offending trade mark and the artistic work ZINCOVIT as and for the celebrated pharmaceutical products of the plaintiffs bearing the Registered Trade mark and the copyrighted artistic work ZINCOVIT, either by manufacturing, selling or offering for sale or in any manner advertising the same.

(d) direct the defendants to surrender to the plaintiffs the entire stock of unused offending cartons bearing the offending trade mark ZIB along with the word ZINCOVIT together with blocks and dyes for destruction.

(e) direct the defendants to render a justice a true and faithful account of the profits earned by the defendants through the sale of the pharmaceutical products sold under the offending trade mark ZIB along with the word ZINCOVIT and directing payment of such profits to the plaintiffs for the passing off committed by the defendants.

(f) direct the defendants to pay to the plaintiffs the costs of the suit and

(g) pass such further or other orders as may be deemed fit and proper in the circumstances of the case.'

6. To be noted, after completion of pleadings and framing of issues, this suit was set down for trial. Both learned counsel before me i.e., this Commercial Division today submit that plaintiff's side evidence has been completed. One Mr.N.Krishnan, General Manager-Finance of the plaintiff company has deposed as P.W.1 and six exhibits i.e., Exs.P1 to P6 have been marked.

7. Thereafter defendant, instead of letting in evidence, has filed an affidavit dated 20.09.2018.

8. In the aforesaid affidavit, defendant has categorically submitted that they have stopped using the artistic work, in which plaintiff claims copyright. Relevant portion reads as follows:

'We have stopped using the alleged artistic work for the Trade mark ZIB as claimed by the Plaintiff in the above suit long back.'

9. It is in the light of the aforesaid affidavit and the stated position of sole defendant which emanates from the same, both learned counsel requested that the main suit itself be taken up for disposal.

10. Both learned counsel drew my attention to Order XIII-A of amended 'The Code of Civil Procedure, 1908' ('C.P.C.' for brevity) as amended by 'The Commercial Courts Act, 2015' ('said Act' for brevity), both learned counsel submitted that in the light of the aforesaid affidavit and