ATLANTIC INDUSTRIES Vs. SIMRON FOOD PROCESSORS (P) LTD

JUDGEMENT

(1.) PLAINTIFFS have filed the present suit for injunction and damages for infringement of registered trademark, passing off and for infringement of copyright. Summons were issued in the suit on 08.09.2011. An interim injunction was granted against the defendant on 08.09.2011. Counsel for the defendant entered appearance on 11.11.2011.

(2.) IN the order dated 31.05.2012, defendant submitted that the defendant has already stopped using the trademark of plaintiffs and has no intention to use the same in future. Further, parties also sought time to file an application for recording the compromise. However, the counsel for the defendant was not able to get the compromise application signed from the defendant as the defendant stopped responding to the various letters sent by the counsel to defendant and consequently, counsel sought and was discharged from appearing in the matter vide order dated 09.09.2013.

(3.) PLAINTIFFS have filed evidence of the Constituted Attorney and authorized signatory of the plaintiffs, Ms. Danise Lopes (PW1). Affidavit by way of evidence of Ms. Danise Lopes has been exhibited as Ex. -PW1/A. Copy of the authorization in favor of Ms. Danise Lopes from the plaintiffs has been exhibited as Ex. PW -1/1.