SHAHNAZ HUSSAIN Vs. HER EVER RUTH AND ORS.

JUDGEMENT

(1.) PLAINTIFF has filed the present suit for permanent injunction restraining infringement of trade mark, passing off, rendition of accounts, delivery up etc.

(2.) IT is pointed out by counsel for the plaintiff that on 10.08.2010, learned counsel for defendant No. 2 had made a statement that defendant No. 2 is neither manufacturing nor selling nor distributing "Nature's Gold" including range of NATURE'S Gold Skin Radiance Gel or any other product deceptively similar to that of plaintiffs product. Counsel for defendant No. 2 reiterates the statement made in Court on 10.08.2010.

(3.) LEARNED counsel for the plaintiff points out that despite service through publication in the newspapers "Dainik Jagran" and "Statesman" dated 18.04.2011, defendant No. 1 has chosen not to appear in this matter and defendant No. 1. Defendant No. 1 was proceeded ex parte vide order dated 28.05.2012.