SEN AND PUNDIT Vs. ESOAKES

JUDGEMENT

(1.) This is an appeal by the defendants from the judgment of Greaves, J., whereby he granted an injunction against the defendants restraining them and their servants and agents from passing off or attempting to pass off or in any manner representing any bicycles not imported by the plaintiff as and for bicycles imported by the plaintiff and as and for Warrior Bicycles and in particular from selling, offering for sale or causing, procuring or enabling to be sold any bicycles not imported by the plaintiff with or bearing the stamp or device of Warrior in the plaint in this suit mentioned or any other device resembling or colourably resembling the plaintiff s said stamp or device or under the name of Warrior Cycles and from fixing to any bicycles or otherwise employing or using in connection therewith any such stamp or device or any such name or any equivalent thereof in any manner whatsoever." And it was further ordered that the defendants should furnish to the plaintiff on oath a list of all bicycles in their possession or under their control with the Warrior Transfer attached.

(2.) There was a further direction as to the taking of an account of all bicycles sold by the defendanat with the Warrior Transfer attached thereto.

(3.) The injunction restrains the defendants not only from selling bicycles, not imported by the plaintiff, with or bearing the stamps or device of Warrior referred to in the plaint, but also from selling such bicycles under the name of Warrior Bicycles.