MRF LIMITED Vs. VINOD S.GEORGE

JUDGEMENT

(1.) The suit has been filed for perpetual injunctions restraining the defendant and their men from using or infringing or passing off the trademark of the plaintiff as that of the defendant or using similar or deceptively similar trademark of the plaintiff and for preliminary decree directing the defendant's for rendition of accounts, for damages and for costs.

(2.) When the matter was taken up today, the learned counsel appearing for the defendant filed an affidavit and submitted that after receipt of the notice from the plaintiff, the defendant has removed all the objectionable display boards and presently there are no display Boards similar to that of the plaintiff anywhere in the shop premises of the defendant.

(3.) Since the defendant has made an admission of infringement and also submitted that they also desist from infringing hereafter and also made a change in their marks, this Court is of the view that this is a fit case, where the decree and judgment itself can be passed on the basis of the admission of the fact made before this Court by way of affidavit. Even the oral admission of the learned counsel for the defendant can also be taken note of. In view of the above admission of the defendant, the suit is liable to be decreed.