LAWS(DLH)-2014-2-248

DISNEY ENTERPRISES INC. Vs. BALRAJ MUTTNEJA

Decided On February 20, 2014
Disney Enterprises Inc. Appellant
V/S
Balraj Muttneja Respondents

JUDGEMENT

(1.) THE plaintiffs have filed this suit inter alia claiming infringement and dilution of their registered trade marks and violation of their copyrights by the defendants, as well as passing off by the defendants of their goods as those of the plaintiffs, on account of use by the defendants of certain cartoon characters on their goods over which the plaintiffs assert exclusive rights.

(2.) THE case of the plaintiffs as reflected in their plaint is thus:

(3.) THOUGH the defendants entered appearance through their counsel on 01.02.2013 but remained unrepresented thereafter and failed to file a written statement as well. The defendants were thus directed to be proceeded ex -parte vide order dated 04.10.2013 and the plaintiffs permitted to file affidavits by way of ex -parte evidence.