J U D G M E N T

% 12.11.2021

1. The plaintiff is a well-known manufacturer of alcoholic beverages. It manufactures and sells rum-based beverages, mixed with various fruit essences, under the name “BREEZER”.

2. The defendants also manufacture fruit-based beverages, which are, however, non-alcoholic. The defendants manufacture and clear its beverages under the mark “FREEZ Mix”.

3. The plaintiff alleges that the defendants’ product infringes the plaintiff’s registered trademarks. The present suit, at the instance of the plaintiff, therefore, seeks an injunction against the defendants’

product.

4. The suit is presently pending before this court, awaiting completion of pleadings. The defendants have neither filed any written statement in response to the plaint nor any reply to IA 12323/2021, preferred by the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC), despite lapse of the time granted therefor. Both sides were permitted to file written submissions. I may note, however, that the written submissions of the defendants, which runs into 41 pages, is actually a para-wise written statement in response to the plaint. Be that as it may, I have heard learned Co