GAP INC Vs. PRAVIN K JANI

JUDGEMENT

(1.) The Plaintiff has filed this suit for a perpetual injunction restraining the Defendants from using the trade mark GAP in respect of denim jeans, readymade garments or any other allied and cognate goods or any other similar trade mark and from passing off their goods as the goods of the Plaintiff.

(2.) Even though the Defendants were served, there was no appearance on their behalf with the result that they were proceeded against ex-parte by an order dated 16/10/1998. The Plaintiff was given an opportunity to file an affidavit by way of evidence. The affidavit has since been filed.

(3.) The Plaintiff is a company incorporated in USA in 1969. It originally adopted the mark/name GAP as its business name as also its trade mark. The Plaintiff says that it is internationally retailing its goods which are casual apparel, shoes, belts, bags, sun glasses and other accessories under the trade mark GAP.