JUDGMENT :

Manmohan, J.

I.As. 969//2015 & 5129/2018

1. The present suit has been filed for infringement, permanent and mandatory injunction, passing off, delivery up and damages. The prayer clause in the present suit is reproduced hereinbelow:-

"In the light of aforementioned facts and circumstances of the case it is most respectfully prayed that this Hon'ble court may be pleased to:

i. Pass a decree of permanent injunction restraining the Defendants, their partners, principal officers, servants, agents and representatives from selling, agents and representatives from selling, offering and advertising for sale mobile phones and/or mobile accessories and/or any other goods whatsoever under the trademark "ZENFONE" and/or any other trademark identical and/or deceptively similar to the trademark "ZEN" and "ZEN MOBILE" which amounts to infringement of the Plaintiff's aforesaid marks ZEN and ZEN MOBILE.

ii. Pass a decree of permanent injunction restraining the defendants, their partners, principal officers, servants, agents and representatives from selling, offering and advertising for sale the mobile phones or mobile accessories under the trademark "ZENFONE" or any other trademark identical a