MANMOHAN,J. - (1.) Present suit has been filed for permanent injunction restraining infringement of trademark, copyright, passing off, rendition of accounts of profits, delivery up, acts of unfair competition etc. The prayer clause in the suit is reproduced here-in-below:- "(a) A decree for permanent injunction restraining the Defendants, their directors, assignees in business, their distributors, dealers, stockists, retailers, servants and agents from manufacturing, marketing, selling, offering for sale, exporting, advertising, directly or indirectly dealing in Henna products under the impugned mark AMIR's/AMIR or any other mark as may be deceptively similar to the Plaintiff's trade mark AMIR's amounting to infringement of registered trade mark No. 955547 of the Plaintiff; (b) A decree for permanent injunction restraining the Defendants, their directors, assignees in business, dealers, stockists etc. from manufacturing, using or exporting the impugned AMIR's packaging/label or any other packaging/label that may be a colourable imitation or substantial reproduction of Plaintiff's AMIR'S trade dress/label/packing in respect of their colour combination, get up, layout as arrangement of features as may amount to infringement of copyright of the Plaintiff therein; (c) A decree for permanent injunction restraining the Defendants, their directors, assignees in business, their distributors, dealers, stockists, retailers, servants and agents from manufacturing, marketing, selling, offering for sale, exporting, advertising, directly or indirectly dealing in cosmetic preparations under the impugned mark AMIR/AMIR's and its packaging or in any other trade mark/trade dress/label/packaging as may be deceptively similar to the Plaintiff's trade mark AMIR's amounting to passing off of the Defendants' goods and business for those of the Plaintiff; (d) An order for delivery of the infringing goods of the Defendants including impugned packaging, promotional materials, stationery, dyes, blocks etc. bearing the impugned trade mark AMIR'S / AMIR and AMIR (Device of Lady) to an authorized representative of the Plaintiff for destruction/erasure; (e) an order for rendition of accounts of profits illegally earned by the Defendants and a decree for an amount so found due may be passed in favour of the Plaintiff and against the Defendant; (f) An order for costs in the proceedings; (g) Any further orders as this Hon'ble Court may deem fit and proper under the facts and circumstances of the present case."
(2.) At the outset, learned counsel for the plaintiff had stated that he does wish to press prayers (d) and (e) of the aforesaid prayer clause. The statement made by learned counsel for the plaintiff is accepted by this Court.
(3.) On 21st September, 2015, this Court had granted an ex parte ad interim injunction in favour of the plaintiff and against the defendants. The relevant portion of the said order is reproduced here-in-below:- "9. Having regard to the submissions made on behalf of the plaintiff, and upon perusing the averments made in the plaint and the documents placed on record and upon examining the products produced in Court for perusal, this Court is prima facie of the opinion that the plaintiff is entitled to grant of an ex parte ad interim injunction in its favour. 10. Accordingly, till the next date of hearing, the defendants, their agents, distributors, stockiest etc. are restrained from manufacturing, selling, offering for sale or exporting Henna/Henna based products under the mark, 'AMIR's/AMIR' or any other mark that is identical/deceptively similar to the plaintiff's trademark, 'AMIR'S', which was registered prior in time. 11. Having regard to the fact that as on date, the defendants enjoy a registration in the mark, 'AMIR' and 'AMIR (Device of Lady)' and even as per the plaintiff, they have remained in the market for some time, it is deemed appropriate to grant the defendants a period of two months from today to make compliance's of the aforesaid order. 12. As for the packaging/trade dress/get up of the defendants' Henna products under the trademark, 'AMIR', having examined the plaintiff's packaging of its Henna products, vis-a-vis that of the defendants, till the next date of hearing, the defendants are restrained from using the said packaging, which appears to be identical/deceptively similar to the plaintiff's packaging of its Henna products.";