DURIAN INDUSTRIES LTD Vs. PANKAJ RAO

JUDGEMENT

(1.) PLAINTIFF has filed the present suit for permanent injunction, restraining infringement of trademarks, passing off, recovery of damages and delivery up. Summons in the suit were issued on 21.10.2011. Summons to defendant no. 2 were issued on several dates and vide order dated 20.03.2014 defendant no. 2 was deemed to be served, as he refused to accept service of summons. However, none appeared on behalf of defendant no. 2 after service. The plaintiff claims to be the registered proprietor of the trade mark "Durian". According to the plaint, sometime in the month of June -July, 2011, plaintiff received complaints from the customers that mattress with the mark ,,Durian were being manufactured and sold in the market which were not the product of the plaintiff.

(2.) PLAINTIFF thereafter bought a sample of defendant no.1s product from defendant no.2s store which had an identical trademark as that of the plaintiff with respect to flexi core mattress. It is submitted that defendant no.2 is the seller of the goods manufactured by defendant no.1.

(3.) COUNSEL for the defendant submits that defendant no.1 reiterates the statement made on 17.2.2012 and submits that he has no objection if the present suit is decreed, provided that plaintiff gives up the relief of damages.