J & P COATS LTD Vs. RAHUL GUPTA

JUDGEMENT

(1.) Plaintiffs have filed the present suit for permanent injunction, infringement of trade mark, passing off, account of profits under the Trade Marks Act, 1999 against the defendants.

(2.) Defendant no.1 is present in court today submits that he has no objection if a decree is passed, provided only nominal damages are imposed. He also submits that he has stopped manufacturing the impugned goods and even changed his line of business. It is also submitted by the defendant no.1 that he is now working in a private firm and there is no question of his supplying any goods to defendants no.2 and 3. Defendant no.1 also states that he has not infringed the trademark of the plaintiff nor he will do so in future. The statement made by defendant No.1 is accepted and taken on record. Defendant No.1 shall remain bound by the statement made in court today. Defendant no.1 also agrees to pay Rs.50,000/- as damages to the plaintiff within four weeks from today.

(3.) Learned counsel for the plaintiff on instructions from the authorised representative of the plaintiffs submits that offer of Rs.50,000/-, as damages, is not acceptable to the plaintiffs. A prayer is made for higher damages.