The main legal point established in the judgment is the requirement for the plaintiff to prove deceptive similarity and financial benefit in trademark infringement cases.

JUDGMENT

(Prayer: Civil Suit is filed under Section 27, 28, 29, 134 and 135 of the Trade Marks Act, 1999 read with Order VII Rule 1 of C.P.C, 1908 and Order IV Rule 1 of O.S.Rules, prayed to pass a judgment and decree in favour of the plaintiff and against the defendant.

a) granting a permanent injunction restraining the defendant, its partners or proprietor as the case may be, its principal officers, members, servants and agents, sister concerns, distributors, wholesalers, retailers and all others acting infringing the registered trademark by manufacturing, marketing, selling, offering for sale, distributing, advertising including on the internet and in any other manner using the trademark/trade dress and getup and packaging RINSO or any other mark deceptively and/or confusingly similar to the registered trademark/trade dress and getup and packaging RIN and its variants belonging to the Plaintiff

b) granting a permanent injunction restraining the defendant, its partners or proprietor as the case may be, its principal officers, members, servants and agents, sister concerns, distributors, wholesalers, retailers and all others acting on its behalf from manufacturing, marketing, selling, offering for sale, on the internet and in any other manner the or any distributing, advertising including t goods bearing trademark/trade dress and getup and packaging RINSO other goods bearing trademark/trade dress and getup and packaging deceptively and/or confusingly similar to the registered trademark/trade dress and getup and packaging RIN and its variants belonging to the Plaintiff;

c) granting a permanent injunction restraining the defendant, its partners or proprietor as the case may be, its principal officers, members, servants and agents, sister concerns, distributors, wholesalers, retailers and all others acting on its behalf from passing off the goods manufactured, marketed, advertised, 1. M distributed and/or sold by the defendant as the goods of the Plaintiff;

d) granting an order directing the defendant to deliver-up to an authorized representative of the Plaintiff for purposes of destruction, all goods in the defendant''s possession including cartons, containers, tubes, caps, labels, films, wrappers and any other printed matter bearing any trademark/trade dress and getup and packaging deceptively and/or confusingly similar to the registered trademark/trade dress and getup and packaging RIN and its variants belonging to the Plaintiff;

e) granting an order directing the defendant to rendition accounts of profits earned by the defendant by the sale of the goods bearing trademark/trade dress and getup and packaging RINSO or any other goods bearing trademark/trade dress and getup and packaging deceptively and/or confusingly similar to the registered trademark/trade dress and getup and packaging RIN and its variants belonging to the Plaintiff:

f) directing the defendant to pay the Costs of the Suit:)

1. The above suit has been filed for the following reliefs:

a) granting a permanent injunction restraining the defendant, its partners or proprietor, as the case may be, its principal officers, members, servants, and agents, sister concerns, distributors, wholesalers, retailers, and all others acting infringing the registered trademark by manufacturing, marketing, selling, offering for sale, distributing, advertising, including on the internet, and in any other manner using the trademark/trade dress and getup and packaging RINSO or any other mark deceptively and/or confusingly similar to the registered trademark/trade dress and getup and packaging RIN and its variants belonging to the Plaintiff;

b) granting a permanent injunction restraining the defendant, its partners or proprietor, as the case may be, its principal officers, members, servants, and agents, sister concerns, distributors, wholesalers, retailers, and all others acting on its behalf from manufacturing, marketing, selling, offering for sale, on the int