MOBILE TELESYSTEMS OJSC Vs. BHAGAT SINGH
LAWS(DLH)-2018-3-16
HIGH COURT OF DELHI
Decided on March 05,2018

Mobile Telesystems Ojsc Appellant
VERSUS
BHAGAT SINGH Respondents

JUDGEMENT

MANMOHAN,J. - (1.)Present suit has been filed against the defendants for permanent injunction, restraining infringement of trademarks, copyrights, passing off, dilution and tarnishment, rendition of accounts, damages and delivery up. The prayer clause in the present suit is reproduced hereinbelow:-
"43. In the light of the aforesaid, it is humbly prayed that this Hon "?ble Court may be pleased to grant:

a. An order for permanent injunction restraining the Defendants, their partners or proprietor, as the case may be, their principal officers, servants and agents, distributors, and all others acting on their behalf, from manufacturing, selling, importing, exporting, offering for sale, advertising, directly or indirectly dealing in any manner with products bearing the trademark MTS which is deceptively similar to the Plaintiffs "? trade marks; and

b. An order for permanent injunction restraining the Defendants, their partners or proprietor, as the case may be, their principal officers, servants and agents, distributors, and all others acting on their behalf, from manufacturing, selling, importing, exporting, offering for sale, advertising, directly or indirectly dealing in any manner with products which are look alikes of the Plaintiffs "? products amounting to passing off of Defendants "? products as that of Plaintiffs products; and

c. An order for permanent injunction restraining the Defendants, their partner or proprietor, as the case may be, their principal officers, servants and agents, distributors, and all others acting on their behalf, from manufacturing, selling, importing, exporting, offering for sale, advertising, directly or indirectly dealing in any manner with products which are look alikes of the Plaintiffs "? products amounting to dilution of Plaintiffs "? trademarks; and

d. An order for permanent injunction restraining the Defendants, their partners or proprietor, as the case may be, their principal officers, servants and agents, distributors, and all others acting on their behalf, from manufacturing, selling, importing, exporting, offering for sale, advertising, directly or indirectly dealing in any manner using the Plaintiffs "? original art-works and other original works protected under copyrights act; and

e. An order for the delivery-up or destruction of all impugned materials of the Defendants, including the products, container boxes, labels, wrappers, stickers or any other material of the Defendants using the distinctive MTS trademark; and

f. An order for rendition of accounts of profits illegally earned by the Defendants on account of use of the MTS trademarks and trade dress, and a decree for the amount so found be passed in favour of the Plaintiffs; and

g. An order declaring that the Plaintiffs trademark MTS is well known in India for Telecommunication services and associated products/goods; and

h. An order for costs in the present proceedings; and Any other order that this Hon "?ble court may grant in favour of the plaintiffs in light of the facts and circumstances of the present suit."

(2.)On 25th February 2015, this Court granted an ex parte ad interim injunction in favour of the plaintiffs and against the defendants. The relevant portion of the said order is reproduced hereinbelow:- "Accordingly, till the next date of hearing, the defendants, their partners, proprietors, principal officers, servants and agents are restrained from manufacturing, selling, offering for sale, distributing, advertising and directly or indirectly dealing in mobile phones or any other similar goods bearing the mark "?MTS "? which is the registered mark of the plaintiffs."
(3.)On 08th February, 2017, the defendants were proceeded ex parte. Today, learned counsel for plaintiffs states that he has instructions only to press the prayers a, b, c, d and h of para 43 of the plaint. The statement made by learned counsel for plaintiffs is accepted by this Court and plaintiffs are held bound by the same.


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