Delhi High Court, in an order dated 2nd June 2022 had permanently restrained two manufacturers from “manufacturing, selling, offering for sale, advertising and promoting the products or using the mark ‘LOOZOUT’…” the companies were also restrained from using any mark deceptively similar to the registered trademark of the plaintiff ‘LOOZ’.
The plaintiff, Intas Pharmaceuticals Private Limited filed a trademark infringement suit against three defendants.
The first defendant and the plaintiff signed a settlement agreement which was presented to the court in the application has been allowed by a court order. Thus, since the suit was settled qua the defendant no.1 at an early stage, the Plaintiff was entitled a 50% refund of the court fees.
In the case of the defendants no.2 and no.3, neither showed up for the court proceedings despite the serving of notices. This non-appearance made it clear for the court to decide that there was no reasonable or justified explanation that the defendants had to adopt the registered mark of the plaintiff and manufacture products bearing the infringing trademark ‘LOOZOUT’. Thus, the proceedings took place ex-parte.
It was found by the judge, Justice Jyoti Singh that the defendants were manufacturing products bearing the mark ‘LOOZOUT’ which is deceptively similar to the plaintiff’s registered mark ‘LOOZ’. The ex-parte order was a decree against defendants no.2 and no.3 and ordered them to pay costs of Rs. 2,00,000 to the Plaintiff.
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