DISNEY ENTERPRISES ,INC Vs. SANTOSH KUMAR

JUDGEMENT

(1.) Present suit has been filed by the plaintiffs for permanent injunction, restraining infringement of trademark and copyrights, passing off, dilution, damages, rendition of accounts of profits and delivery up. Summons in the suit were issued on 05.12.2011. On an application for appointment Local Commissioners, filed by the plaintiffs, three Local Commissioners were appointed in the matter. An interim injunction was granted against the defendants on 05.12.2011. Counsel entered appearance on behalf of the defendants on 10.02.2012. Written statement was filed on behalf of the defendants and a replication to the same was also filed by the plaintiffs.

(2.) Vide order dated 11.09.2013 defendants admitted the proprietary rights of the plaintiffs in the characters, character names and devices in respect of which present suit has been filed. An affidavit dated 8th February, 2013 was filed by the defendant no. 1 in which inter alia it was stated that defendant nos. 1 and 2 do not wish to contest the present suit.

(3.) None appeared on behalf of the defendants on 07.03.2014, hence their right to carry out admission/denial of plaintiffs documents was closed. On 13.03.2014 also, none appeared on behalf of the defendants, consequently defendants were proceeded ex parte vide order dated 13.03.2014.