JUDGMENT :

(Prayer: Civil Suit has been filed under Order VII Rule 1 of C.P.C. And Order IV Rule 1 of O.S.Rules r/w Sections 28, 29, 134 and 135 of the Trade Marks Act, 1999, praying to pass a judgment and decree.

(i) For a permanent injunction, restraining the Defendants, their partners, servants, agents, men, or anyone claiming through them from in any manner infringing the registered Trade/Service Mark fo the Plaintiff viz., WITCO in any form deceptively similar to the business name of the Plaintiff.

(ii) For a permanent injunction restaining the Defendants their partners, servants, agents, men or anyone claiming throug them from in marketing, distributing, offering, advertising or using the Mark 'Nitco' in any form or variation in English Language and or any other Vernacular language with or withou the tagline “The luggage Expert” or similar sounding names or any other mark deceptively similar to the Plaintiff's mark witco with identical colour scheme, get up and layout inthe course of their Trade/services and passing off goods or services or enabling tothers to pass off the goods or services as the goods of the Plaintiff or as services provided by the Plaintiff.

(iii) For a manda