INFOSYS TECHNOLOGIES LTD Vs. PARK INFOSYS

JUDGEMENT

(1.) The plaintiff has filed the present suit seeking the reliefs for permanent injunction against the defendant from infringement of its registered trademark in the expression `Infosys' and from passing off the goods of the defendants as if they were those of the plaintiffs and an order of delivery up of the infringing material by the defendants as well as a claim for damages to the tune of Rs.20 lakhs and an order for rendition of accounts of profits illegally earned by the defendants. On 28th September, 2005 an ex-parte injunction was granted in favour of the plaintiff and against the defendants prohibiting defendant No.1, its assigns, employees, servants, dealers, retailers and all persons acting on their behalf from using ?Infosys? as a part of their trade name or corporate name, either with or without any prefix or suffix which amounts to infringement of the plaintiffs' trademark.

(2.) Summons were directed to be issued for service of the defendants in the suits. Summons sent through registered covers by the Registry to defendant nos. 1, 3, 4 and 5 for hearing fixed on 22nd February, 2006 were returned with the reports of refusal of service while defendant nos. 2, 3 and 4 were served with the summons by ordinary process. In these circumstances, the defendants were proceeded against ex-parte by an order of this Court passed on 18th April, 2006 and the plaintiff was required to file its ex-parte evidence by way of affidavit.

(3.) The plaintiff has filed its evidence by way of an affidavit of Shri Parveen Biswas, a constituted attorney of the plaintiff. In this view of the matter, for the purposes of adjudication on the present case, only the facts averred by the plaintiff in the plaint and proved by way of affidavit by way of evidence are required to be considered.