RED BULL AG Vs. C ESWARI & ORS

JUDGEMENT

(1.) The present suit is filed by the plaintiff for declaration, permanent injunction restraining infringement of Trade Marks and passing off, delivery up and damages, etc. It is prayed in the plaint that a decree of permanent injunction be passed restraining the defendants, their franchisees, etc. from using the impugned Double Bull Device forming part of the impugned mark [2] or any other mark, device, etc. which is deceptively or confusingly similar to the plaintiff's registered and prior trade marks Double Bull Device [3] and Single Bull Device [4] in any manner whatsover without the permisison of the plaintiff. A decree of declaration is also sought declaring that the plaintiff's trademarks Double Bull Device [3] and Single Bull Device [4]are well known trade marks in the Republic of India. Other connected reliefs are also sought.

(2.) Despite service, none has appeared for the defendants. Written statement has also not been filed. The defendants are proceeded ex parte.

(3.) On 22.11.2018, learned counsel for the plaintiff took time to file his affidavit by way of evidence. It has been pleaded that a copy of the affidavit by way of evidence has been filed and the original which is coming from abroad would be filed within two days from today.