2018 (7) TMI 2385

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....s Pvt. Ltd, is a leading private equity and real estate investment company. It claims to be managing various private equity and real estate funds which are focused in India. It works with a large number of Corporations, entrepreneurs, asset owners and service providers and provides advisory services for investment opportunities in India. It renders investment advisory work in various sectors, including power sector, construction sector, food and beverage sector, financial services, renewable energy, agro chemicals, telecom and publishing. Plaintiff no. 2 is a Singapore Company part of the EVERSTONE group, which has developed a website 'everstonecapital.com'. 3. Plaintiff No.1 was established in India in 2008, and in 2009 it filed tradema....

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....int are unrebutted. Under the extant provisions of the CPC, the Plaint is supported by an affidavit and in the absence of any rebuttal or challenge, the Court can take the averments in the Plaint to be correct. Moroever, the documents for eg., registrations of trade marks being public documents, are easily verifiable and the so-called formality of filing affidavit in evidence for marking of exhibits can be dispensed with. A perusal of the plaint and the documents placed on record clearly shows that the Plaintiffs enjoy statutory rights in the mark 'EVERSTONE'. It has also acquired reputation and goodwill as being a leading investment advisory company. The mark 'EVERSTONE', is a registered trademark of Plaintiff No.1 in India and of Plaintif....