- (1.) The plaintiff has filed a suit for permanent injunction restraining passing off, damages etc. in respect of its mark 'VIAGRA'. The parties have settled their disputes and have filed the present application in Court.
(2.) In terms of the said application the defendants have acknowledged the propriety rights of the plaintiff in the trade-mark 'VIAGRA' and have undertaken not to use the word 'VIAGRA' any time in future or any deceptive variation thereof. The defendants have also agreed to apply to the Registrar of Companies within 10 days, requesting for change of name and a period of 45 days has been granted to them to comply with the same.
(3.) The application is signed by the parties and the counsel for the plaintiff. Defendant No.1, is the director of defendant No.3 company and a copy of the Board resolution is annexed to the application. A photocopy of the identification of defendant No.1, Praveen Kumar Singhal is placed on record, being the Permanent Account Number card issued by the Income-tax Department, Government of India and is also identified by learned counsel for the plaintiff.;