ARVIND LABORATORIES Vs. V A SAMY CHEMICAL WORK

JUDGEMENT

(1.) THE appellant herein filed C.S. No. 434 of 1984 for (1) a permanent injunction restraining the defendant/respondent from manufacturing and selling and offering for sale the offending trade mark 'RANI EYEVIX', which is deceptively similar to the plaintiff's registered trade mark 'EYETEX', (2) directing the defendants to render a true and faithful account of the profits earned by the defendant through the manufacture and sale of the offending trade mark "RANI EYEVIX" and directing such profits to be paid to the plaintiff by way of damages for the infringing and passing off committed by the defendant (3) directing the defendants to surrender to plaintiff the cartons, labels and any other printed matters containing or consisting of the offending 'RANI EYEVIX' trade mark together with the blocks used for the purpose of printing the same for destruction.

(2.) THE trial court has granted the relief of injunction and directed the defendants to surrender to plaintiff all the cartons, labels and other printed materials containing the offending trade mark "RANI EYEVIX" together with blocks for destruction, but has however declined to grant any damages for the infringing and passing off committed by the defendant as it has found : "But the plaintiff has not let in any evidence regarding the extent of sales made by the defendant. Further the plaintiff has also not let in any evidence with reference to the damages though he prayed for such a relief in the plaint. In the absence of such evidence the plaintiff is not entitled to any relief in this regard".

(3.) THE Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the Act), has made a provision under Section 106, thereof as to reliefs in suits for infringement or for passing off. Section 106 says that - "THE relief which a court may grant in any suit for infringement or for passing off referred to in Sec. 105 includes an injunction (subject to such terms, if any, as the court thinks fit) and at the option of the plaintiff, either damages or an accounts of profits, together with or without any order for the delivery-up of the infringing labels and marks for destruction or erasure".