Manmohan - (1.) Present suit has been filed for infringement of trademark, passing off etc. against the defendants. The prayer clause is reproduced hereinbelow:- "42. In light of the foregoing, it is most respectfully prayed that this Hon'ble Court may be pleased to: i. Pass an order and decree of permanent injunction restraining the Defendant Nos.1 to 16 (and such other websites/entities which are discovered during the course of the proceedings to have been engaging in infringing the Plaintiff's trademark rights), their owners, partners, proprietors, officers, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under it, from using the mark "Flipkart" or any deceptive variant thereof which is identical and/or similar to the Plaintiff's trademark "Flipkart" in respect of domain name, lucky draw contest or any other manner thereby amounting to infringing of Plaintiff's trademark; ii. Pass an order and decree of permanent injunction restraining the Defendant Nos.1 to 16 (and such other websites/entities which are discovered during the course of the proceedings to have been engaging in infringing the Plaintiff's trademark rights), their owners, partners, proprietors, officers, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under it, from using the mark "Flipkart" or any deceptive variant thereof which is identical and/or similar to the Plaintiff's trademark "Flipkart" in respect of domain name, lucky draw contest or any other manner thereby amounting to passing off the Plaintiff's services; iii. Pass an order and decree directing the Defendant Nos.17 to 25, their directors, partners, proprietors, officers, affiliates, servants, employees, an all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under it, to block access to the various websites identified by the Plaintiff in the instant suit at S.No.2 of the Documents or such other websites that may subsequently be notified by the Plaintiff to be infringing of its exclusive rights, iv. Pass an order and decree directing the Defendant Nos.26 and 27 to issue a notification calling upon the various internet and telecom service providers registered under it to block access to the various websites identified by the Plaintiff in the instant suit at S.No.2 of the list of Documents or such other websites that may subsequently be notified by the Plaintiff to be infringing of its exclusive rights, v. An order for damages of Rs.2,00,01,000/- to be paid by the Defendant Nos.1 to 16 (and such other websites/entities which are discovered during the course of the proceedings to have been engaging in infringing the Plaintiff's trademark rights), to the Plaintiff on account of their illegal and infringing activities and a decree for the said amount be passed in favour of the Plaintiff (the Plaintiff reserve their right to claim additional damages and amend the pleadings accordingly once the magnitude of the Defendants' illegal/infringing activities and the revenues earned by the Defendants' in pursuance to such illegal/infringing activities is ascertained upon discovery in the instant action); vi. An order for rendition of accounts of profits illegally earned by the Defendant Nos.1 to 16, (and such other websites/entities which are discovered during the course of the proceedings to have been engaging in infringing the Plaintiff's exclusive rights), on account of their illegal registration of domain names containing the Plaintiff's trademark "Flipkart" and hosting the website with such domain name representing that the services/lucky draw contests are being offered by the Plaintiff; vii. An order for costs in the present proceedings in favour of the Plaintiff."
(2.) Vide order dated 06 th March, 2019, this Court had granted an ex parte ad interim injunction in favour of the plaintiff and against the defendants. The relevant portion of the ex-parte injunction order is reproduced hereinbelow:- "Consequently, till further orders, the defendants No.1 to 16, their owners, partners, proprietors, officer, servants, employees, and all other in capacity of principal or agent acting for and on their behalf, are restrained from using the mark Flipkart or any deceptive variant thereof which is identical and/or similar to the plaintiff's trademark Flipkart in respect of domain name, lucky draw contest or in any other manner. The defendants No.17 to 25, their directors, owners, partners, proprietors, officers, affiliates, servants, employees and all others in capacity of principal or agent acting for and/or on their behalf or anyone claiming through, by or under it are directed to block access to the defendants No.1 to 16 websites. Defendants No.26 and 27 are directed to issue requisite Notifications calling upon the various internet and telecom service providers registered under it to block access to the defendants No.1 to 16 websites."
(3.) Since despite service none has entered appearance on behalf of the defendant Nos.1 to 16, they are proceeded ex parte.;