DUNLOP INDIA LTD. Vs. FORECH INDIA LIMITED

JUDGEMENT

(1.) The plaintiff filed the suit for permanent and mandatory injunction, declaration, rendition of accounts and damages relating to infringement of the plaintiff's trademark and passing off against the defendant restraining it from using the trademark DUNLOP and "D" device in respect of its products. The plaintiff has also claimed damages to the tune of Rs. 20,00,500/- for loss of business, reputation and goodwill caused to the plaintiff as well as the reliefs of renditions of accounts, punitive damages to the tune of Rs. 5 lac and costs of the suit.

(2.) At the outset, the learned counsel for the defendant, upon instructions, has made the statement that the defendant has no objection if a decree for permanent injunction be passed in favour of the plaintiff and against the defendant in terms of prayer clause (a), (b) and (c) of the plaint. With regard to the other prayers, the learned counsel for the defendant submits that the said prayers are not sustainable in law. Therefore, the plaintiff is not entitled for the decree as claimed.

(3.) By this order, I propose to decide the application filed by the defendant under Section 151 CPC, being I.A. No.18804/2015.