ABRO INDUSTRIES, INC. Vs. DHIRISH NIMBAWAT AND OTHERS

JUDGEMENT

(1.) Plaintiff has filed the present suit for permanent injunction, infringement of trademark and copyright, passing off, damages and delivery up.

(2.) Summons in the suit and notice in the application were issued on 13.02.2013, when an ex parte ad interim injunction order was passed in favour of the plaintiff and against the defendants. Thereafter on 22.03.2013, counsel for defendants no. 1, 2 and 4 to 6 entered appearance. In the meanwhile, plaintiff and defendants no. 5 and 6 entered into a settlement and jointly moved an application, being I.A.No.17048/2013, for recording the terms of settlement. The application was allowed on 25.10.2013 and the suit was disposed of qua defendants no. 5 and 6. On the said date, it was also clarified by the court that the interim order would remain applicable with respect to defendants no. 1 to 4 in terms of prayers 1 (i), (ii) and (iii) of I.A.No.2459/2013. Defendants no. 1, 2 and 4 have filed their written statement.

(3.) On the last date of hearing, learned counsel for the plaintiff had stated that the suit be disposed of on the basis of the averments made by defendants no.1, 2 and 4 in their written statement. Today, counsel for the plaintiff further submits that the plaintiff is willing to give up the relief of damages, provided defendants no.1, 2 and 4 make a statement that they would not use the trademark/name/logo/labels as that of the plaintiff or any other deceptively similar trademark/name/logo/label.