JUDGMENT

SANJEEV NARULA, J. (Oral):

1. The case at hand involves a dispute over intellectual property rights between two companies, both engaged in the production and marketing of Ayurvedic medicinal products like digestive powders (churan) and tablets. M/s Visakha Chemicals, the Plaintiff, claims ownership of the trademark rights for “ROCHAK” and “AM PACHAN,” along with the trade dress rights for their product packaging. Asserting their prior usage and statutory rights, they accuse the Defendant of trademark infringement and passing off, due to deployment of trademarks and product packaging that bears a deceptive resemblance to their own. Despite initially challenging the Plaintiff’s allegations, the Defendant ceased participation at the onset of the trial. As a result, on 15th December, 2015 the Court proceeded ex-parte against the Defendant. Following this, the Plaintiff produced their oral evidence in the absence of the Defendant, which remains uncontroverted, bringing this case to the point of final adjudication.

THE PLAINTIFF’S CASE

2. Mr. Shailen Bhatia, counsel for Plaintiff, presents the following facts and contentions:

2.1. The Plaintiff is a registered partnership firm that