I.P.MUKERJI,J. - (1.) I have considered the report of the Special Officer. I am not satisfied with the report at all. In spite of the initial order made on 22nd December 2011 followed by orders dated 23rd December 2011 and 4th January 2011 there is no effective compliance.
(2.) By the order dated 23rd December 2011 I had inter alia directed as follows: "Therefore, in the circumstances, I appoint Mr. Kalyan Kumar Chakraborty, a member of the Bar Association, to be a Special Officer, at an initial remuneration of 1000 GMs. to be paid equally by the parties. He will direct the defendant to produce the packages, labels, cartons, bags etc. where the word "EMAMI" has been used or will visit any shop or godown where the products, packages, labels etc. are stored and obliterate with a sticker or by any other means the word from these packages, labels, cartons and bags etc. The defendant will supply to the Special Officer the names of their stockists, agents, dealers, distributors to carry out the purposes of this order. The defendant, will be at liberty to use or put or affix another word, infringing the plaintiffs copyright. If the name appears in more than one place in any package or label or carton or bag it will be sufficient to obliterate the most conspicuous part or parts and leave out the parts where the name appears in a minor way. I make it clear that till this exercise is done by the Special Officer, the defendant will make any sale or exhibition of their offending goods. Such exercise is to be carried out by the Special Officer within a week from date. The Special Officer is to file a report. Strict care should be taken by the Special Officer to ascertain the stock of the defendant which was existing yesterday and match it with the stock after completion of the above exercise so that the Court will be in a position to hold that there was no violation of its order."
(3.) For appropriate implementation of these orders and also as a further order in aid of the prima facie case noted by this Court in its order dated 22nd December 2011 I pass the following order: (a) The defendant will file a statement with stock to the Special Officer upon providing a copy to the plaintiff. Such stock will only include the products at the defendant's factory but also those lying with their stockists, dealers and so on. (b) The Special Officer will cause labels to be put on the exterior of each and every box and other package. This label should be put over the mark "Emami" where it appears most conspicuously. The label should also contain a warning in print that this Court has prima facie held the mark to be infringement of the plaintiff's mark but has allowed sale of the existing stock. (c) Till this exercise is done there will be no further sale. (d) The defendant is restrained from using the mark "Emami" in any product to be manufactured by them. (e) After affixation of the label the existing stock may be disposed of by the defendant in the market. (f) The Special Officer be paid a further remuneration of 600 GM by the petitioner. He is to file a report by the returnable date.;