Order VIII Rule 10 CPC, copyright and trade mark misuse, and refusal of accounts can support injunction and damages.

Failure to file a written statement despite repeated opportunities may justify recourse to Order VIII Rule 10 CPC, but the court should still scrutinise the plaint and supporting material before granting relief. In copyright and trade mark disputes, prior use, registered mark, protected artistic works, and use of an identical or deceptively similar mark and get-up may establish infringement and passing off. On that basis, permanent injunction may be granted, while rendition of accounts may be declined where profits cannot be ascertained and damages awarded instead.

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Issues: (i) Whether, on failure of the defendants to file a written statement despite opportunities, a decree could be passed under Order VIII Rule 10 of the Code of Civil Procedure, 1908; (ii) whether the plaintiffs established entitlement to permanent injunction for copyright and trade mark infringement and passing off, and whether rendition of accounts or damages should be granted.

Issue (i): The defendants did not file a written statement despite repeated opportunities. Order VIII Rule 10, as amended, confers discretion on the court to pronounce judgment or make such order as it thinks fit. The court therefore treated the matter as fit for invocation of the provision, but still examined the plaint and supporting documents before granting relief.

Conclusion: The court held that relief could be considered under Order VIII Rule 10, subject to judicial scrutiny of the plaintiff's case.

Issue (ii): The plaintiffs showed prior use of the mark RELAXO, artistic representation protected by copyright, registration of the trade mark, and undisputed use by the defendants of an identical mark and similar get-up. On that basis, the court found infringement and passing off established. It granted a permanent injunction restraining the defendants from infringing the artistic works and from dealing in footwear under the impugned or deceptively similar mark. As the profits could not be ascertained through accounts in the absence of defence, the prayer for rendition of accounts was refused and a lump sum amount was awarded as damages.

Conclusion: The plaintiffs were held entitled to permanent injunctive relief and damages, but not to rendition of accounts.

Final Conclusion: The suit was decreed in part by granting permanent injunction and compensatory monetary relief, while declining the prayer for accounts.

Ratio Decidendi: Where a defendant fails to file a written statement despite opportunities, the court may exercise discretion under Order VIII Rule 10 to pass judgment after examining whether the plaintiff's case is substantiated by the record; proven copyright and trade mark misuse can then justify permanent injunctive relief and damages without directing accounts.

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