STARBUCKS CORPORATION Vs. LOL CAFE

JUDGEMENT

(1.) This suit has been filed by the plaintiff inter-alia praying for a decree of permanent injunction restraining the defendants from infringing and/or passing off the plaintiff's registered trade mark 'FRAPPUCCINO' and/or using the 'FRAPPUCCINO' mark, including the 'BROWNIE Chips FRAPPUCCINO' or any other similar trade mark in relation to their goods and services. The plaintiff also prays for damages; rendition of accounts of profits illegally earned by the defendants; and for an order of delivery and handing over of all the impugned goods, menu cards, and all other goods of any nature bearing and/or containing the impugned mark 'FRAPPUCCINO' in any manner whatsoever, to the plaintiff for their destruction.

(2.) Vide order dtd. 23/8/2019 of this Court, summons in the Suit were issued to the defendants and an ex-parte ad-interim injunction was granted in favour of the plaintiff, restraining the defendants from using 'FRAPPUCCINO' mark in any manner on any of the products sold by them.

(3.) In spite of service of summons, the defendants chose not to appear or file their written statements and were thus proceeded ex-parte on 28/11/2019. The plaintiff was given time to file its list of witnesses and evidence by way of affidavit.