HINDUSTAN PENCILS LIMITED Vs. SWAMI DAYAL SHARMA

JUDGEMENT

(1.) This is a suit filed by the plaintiff seeking for a decree of permanent injunction restraining the defendants, their servants, agents, stockists and all other persons acting on their behalf from using, the offending trade mark NATARAJ and device of NATARAJ, trade mark APSARA BEAUTY of the plaintiff or from using any other trade mark, which is deceptively similar to the plaintiff's aforesaid registered trade marks and also from using the firm name of M/s. Hindustan Pencil Factory and Nataraj Pencil Industries. The plaintiff has also sought for a decree of rendition of accounts.

(2.) Summons were issued to the defendants and an ad interim injunction was granted in favour of the plaintiff and against the defendants restraining them, their agents and servants from selling and marketing their goods under the name of APSARA BEAUTY and NATARAJ along with the device of NATARAJ and cartons like Annexure-Y Or any carton or label which is deceptively similar to the registered carton and label of the plaintiff. The defendants were also restrained from copying the trading style and name of the plaintiff i.e. M/s. Hindustan Pencil Factory and NataraJ Pencil Industries.

(3.) Defendants 1 & 2 entered appearance and filed their written statement whereas defendants 3 & 4 entered appearance but did not file any written statement. However, subsequently, all the defendants defaulted in appearance in the court and accordingly, vide order dt.7.12.2000 it was ordered that the suit would proceed ex parte as against the defendants and the plaintiff was allowed to lead evidence by filing an affidavit by way of evidence.