CROSS FIT INC. Vs. GURPREET SINGH AND ORS.

JUDGEMENT

(1.) The plaintiff has filed the present suit for permanent injunction restraining the defendants from using the mark 'KrossFit' as in respect of "GYM, PROVIDING OF TRAINING, SPORTING AND CULTURAL ACTIVITIES" in the name of Gurpreet Singh (defendant No. 1) trading as 'KrossFit' (defendant No. 2) who have sought registration of their trademark at the Trademark Registry under application No. 2382555 in class 41 and any other mark identical or deceptively similar to plaintiff's well known trademark, CrossFit.

(2.) No written statement has been filed by the defendants. Counsel for the plaintiff upon instruction has informed that the plaintiff is not pressing any relief of damages, rendition of accounts, costs except the relief of permanent injunction. He submits that in the absence of written statement, this Court may exercise its discretion even otherwise to pronounce the judgment under Order VIII Rule 10 CPC.

(3.) The defendants were proceeded ex -parte by the order dated 2nd February, 2015 and the plaintiff has filed the ex -parte evidence affidavit through its General Counsel, Mr. Dale Saran. The notarized true copy of the Unanimous Consent of the Board of Directors has been exhibited as Ex. PW -1/1. The notarized true copy of the bylaws of CrossFit Inc. along with the 'Action By Incorporator of CrossFit Inc' has been exhibited as Ex. PW -1/2.