LOREAL Vs. SIMMI

JUDGEMENT

(1.) The defendants in terms of prayers made in the present application seek review of the order dated 25.9.2007. The application was originally filed on 14.1.2008 and, thus, ex facie, appears to be barred by time. No application for condonation of delay has been filed.

(2.) The plaint was filed by the plaintiff alleging infringement of its well established trademark 'LOREAL' and an endeavor of the defendants to pass off their goods as that of the plaintiff by adoption of the trademark 'LOREAT'. Interim applications were filed along with the suit and on 9.5.2007 when summons were issued, interim injunction was granted. A local commissioner was also appointed to seize the offending goods if found in the premises of the defendants.

(3.) The local commission was executed on 12.5.2007 and the report of the local commissioner dated 28.5.2007 is on record. The defendants were served on 25.5.2007 but did not file any written statement despite the lapse of 90 days. The suit was taken up on 17.9.2007 when learned counsel for the defendants stated that the defendants were willing to give an undertaking not to indulge in any violation in future and to pay costs of the proceedings. The proceedings were adjourned to 25.9.2007 for the defendants to remain present in Court.