BURGER KING CORPORATION Vs. BURGER PLACE

JUDGEMENT

(1.) The plaintiff has instituted the present suit praying inter alia that the defendant be restrained from infringing its trademark, passing off, unfair competition, damages, rendition of accounts, delivery up etc.

(2.) Summons were issued in the suit on 03.02.2015. On the same date, an ex-parte ad interim injunction order was passed restraining the defendant, its proprietors, partners, franchisees, officers, servants, agents etc. from using the plaintiff's registered Crescent Design Logo or any variety thereof including the impugned logo in any manner including the social media amounting to infringement of the trademarks of the plaintiff.

(3.) It was recorded on 11.05.2015 that the defendant had refused service of the summons on 11.04.2015 and as a result, they were deemed to be served. If the date of refusal is taken as 11.04.2015, then at best, the defendant ought to have filed its written statement within 90 days from the said date, which would have expired on 10.07.2015. However, the defendant has neither entered appearance, nor filed the written statement. Accordingly, the defendant is proceeded against ex-parte.