- Court
- Calcutta High Court
- Date of judgment
- Judge
- Krishna Rao
- Outcome
- Allowed
Headnote
Suit decreed under Order VIII Rule 10 CPC with a permanent injunction and costs of Rs. 1,50,000, the defendant having filed no written statement. On the merits the Court held that the defendant was applying the plaintiff's registered X-Ribs mark to its own TMT bars, which infringed under section 29(4), and that the use of an identical mark also made out passing off on the Erven Warnink and Cadila tests. On procedure the Court held that a commercial suit is meant to be decided expeditiously and not allowed to linger, so where a defendant fails to pursue his case or does so in a lackadaisical manner by not filing a written statement, the court should invoke Order VIII Rule 10 and decree the suit. No damages were allowed for want of pleadings to quantify them.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.