Judgment :-

(Prayer: This Civil Suit is filed under Order VII Rule 1 of the Civil Procedure Code read with Order IV Rule 1 of the O.S. Rules read with Sections 28, 29, 134 & 135 of the Trademarks Act, 1999, for a Judgment and Decree against the defendant for the following reliefs:

(a) a permanent injunction restraining the defendant, its directors, all their principal officers, staff, men, agent, servants, successors, assigns in business, representatives and any other person from infringing the trademark by using the words “GOLD WINNER” togetheror any other word/words/device that are identical or deceptively similar to the said registered Trademark of the plaintiff having Registration No. 1232740 in class 30 in respect of dhall varieties and thereby restraining them from claiming any right through or under the defendant from in any manner infringing the registered trademark and passing off its products as that of the plaintiff’s under trademark “GOLD WINNER”;

(b) the defendant be ordered and directed to pay to plaintiff a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) by way of damages;

(c) a preliminary decree be passed in favour of the plaintiff directing the defendant to render a tru