2005 (9) TMI 670

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....dated 26.03.1999 the rights were taken by the plaintiff for valuable consideration. The business is stated to be carried to under the said trademark for the last 14 years and the sale is not only in India but even in abroad. 3. In para 8 of the plaint the sales made for the period of financial years commencing from 1991-92 to 1998-99 have been given showing substantial sales running into crores of rupees. In the last financial year before filing of the suit a sum of Rs. 75 lakhs is stated to have been spent on advertisement alone. 4. Defendant No. 1 is stated to be a distributor and selling agent of defendant No. 2 under the trademark 'DAVAT' carrying on the same business. The style of the writing of the word 'DAVAT' i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he application for the registration of the trademark is pending before the Registrar of Trademarks, Mumbai. Defendant No. 2 claims prior user of trademark 'DAVAT'. 7. The defendants though appeared at the initial stage, subsequently stopped appearing and on 23.02.2004 defendants were proceeded ex parte as it is recorded by the learned Judge that after 28.05.2002 there is no representation on behalf of the defendants 8. The plaintiff has filed affidavit of evidence of Mr. Ashwini Arora, Director, who has proved the board resolution authorising the institution of suit and the same is exhibited P-1. It may be noticed that the plaintiff has been granted leave to lead secondary evidence in respect of certain documents in terms of t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....dvertisement. I am thus of the considered view that the plaintiff is entitled to the decree of injunction against the defendants in this behalf. 10. In so far as the issue of damages is concerned, learned counsel for the plaintiff has drawn my attention to para 15 of the affidavit of evidence where it is stated that the defendants have deliberately stayed away from the proceedings with the object of not producing their books of accounts, so that damages could not be assessed against them. The plaintiff does not have access to the books of accounts of the defendants but the fact that the defendants have sold the goods under the trademark 'DAVAT' is itself sufficient to establish that loss has been caused to the plaintiff. The defe....