I T C LIMITED Vs. DEEPAK GARMENTS

JUDGEMENT

(1.) THE plaintiff engaged inter-alia in the business of branded apparel under the trademark WILLS SPORT and JOHN PLAYERS instituted this suit for permanent injunction against four defendants for restraining them from dealing in garments bearing the trademark WILLS SPORT and JOHN PLAYERS and ITC, in combination or individually and for the ancillary reliefs of accounts, damages, delivery etc. Vide ex-parte order dated 17th February, 2004, the defendants were restrained from selling, marketing or distributing the wearing apparel with the plaintiff's trademarks and logos WILLS SPORT, JOHN PLAYERS and ITC or any other trademark or logo deceptively similar to that of the plaintiff's. The said order was made absolute during the pendency of the suit, vide order dated 17th January, 2007. The defendants No. 1,2and4 on being served with the summons of the suit separately filed their written statements. The defendant No. 3, however, failed to appear in spite of service and was vide order dated 29th March, 2006 proceeded against ex-parte. The plaintiff, at the time of institution of the suit, had applied for registration of trademark WILLS SPORT and JOHN PLAYERS and john PLAYER and during the pendency of the suit the said registration was granted. The plaintiff applied for amendment of the plaint to incorporate the said fact in the plaint and the application of the plaintiff for amendment was allowed on 29th March, 2006. The defendants 1,2and4 did not file any written statement to the amended plaint and adopted the written statements earlier filed by them, to the amended plaint also.

(2.) ON the pleadings of the plaintiff and the defendants No. 1,2,and4, on 17th january, 2007, the following issues were framed:-

(3.) THE defendants No. 1,2and4 however also failed to appear thereafter and were vide order dated 15th November, 2007also proceeded against ex-parte.