Trade mark infringement and passing off established where identical marks, business fields and customers satisfied the triple identity test.

The defendant's use of a mark and trading name containing "SATYA" was found to infringe the plaintiffs' registered trade mark and constitute passing off because the plaintiffs proved prior use and registration, their evidence was unrebutted, and the competing marks, business fields and customer base were identical, satisfying the triple identity test. The court also found the defendant's mark shared the essential feature of the plaintiffs' mark, so liability under the Trade Marks Act, 1999 was established. On damages, the defendant's non-participation after appearance and the unrebutted record justified an award of monetary compensation, and the plaintiffs succeeded on both infringement and passing off.

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Issues: (i) whether the defendant's use of the mark/trading name containing "SATYA" amounted to infringement of the plaintiffs' registered trade mark and passing off; (ii) whether the plaintiffs were entitled to damages.

Issue (i): whether the defendant's use of the mark/trading name containing "SATYA" amounted to infringement of the plaintiffs' registered trade mark and passing off.

Analysis: The plaintiffs established registration and prior use of the mark "SATYA", and their evidence remained unrebutted. The competing marks, business fields and class of customers were found to be identical, satisfying the triple identity test. On that basis, and having regard to the identity of the essential feature of the defendant's mark with the plaintiffs' mark, infringement and passing off were made out under the Trade Marks Act, 1999.

Conclusion: The issue was decided in favour of the plaintiffs.

Issue (ii): whether the plaintiffs were entitled to damages.

Analysis: The defendant had entered appearance but thereafter stayed away from the proceedings. In those circumstances, and on the basis of the unrebutted record, the Court awarded monetary compensation rather than proceeding to any account-based inquiry.

Conclusion: The plaintiffs were held entitled to damages in the sum of Rs. 2,00,000.

Final Conclusion: The suit succeeded on the merits for trademark infringement and passing off, and the plaintiffs also obtained a damages award.

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