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Issues: Suit for permanent injunction, infringement of copyright and trademark, passing off, rendition of accounts.
Analysis: 1. The case involved a suit for permanent injunction, infringement of copyright and trademark, passing off, and rendition of accounts. The Defendants failed to file a written statement despite multiple opportunities, leading to the invocation of Order 8 Rule 10 by the plaintiffs' counsel to seek judgment against the Defendants. 2. Order 8 Rule 10, as per the amended Act of 1976, mandates the court to pronounce judgment against a party failing to file a written statement within the specified time unless the court decides otherwise. The discretion of the court is highlighted, allowing it to make suitable orders concerning the suit. 3. Considering the repeated failures of the Defendants to file a written statement, the court found it appropriate to invoke Order 8 Rule 10. With no defense presented by the Defendants, the court proceeded to evaluate the correctness of the plaintiffs' case based on the plaint, accompanying documents, and arguments presented on behalf of the plaintiffs. 4. The plaintiffs, engaged in manufacturing rubber chappals and other footwear, had been using the trademark RELAXO since 1968, with artistic works related to the trademark registered under the Copyright Act 1957. The trademark was also registered under the Trade and Merchandise Marks Act, 1958, to protect its proprietary rights. 5. The plaintiffs' products under the trademark RELAXO had gained significant reputation and market presence over the years, with substantial sales and publicity expenses. The Defendants were found selling rubber chappals bearing an identical trademark RELAXO, intending to pass off their goods as genuine products of the plaintiffs. 6. In light of the circumstances, the court deemed it appropriate to grant a decree in favor of the plaintiffs, permanently restraining the Defendants from infringing on the plaintiffs' copyright and trademark rights. The Defendants were prohibited from manufacturing, selling, or advertising products under the trademark RELAXO or any deceptively similar mark. 7. The court also addressed the issue of rendition of accounts to determine the profits earned by the Defendants, tentatively estimated at Rs. 5 lacs. A sum of Rs. 3 lacs was decreed as damages, with the prayer for rendition of accounts disallowed. The plaintiffs were awarded all costs incurred in the proceedings, and a decree was to be drawn up after the payment of additional court fees, thereby disposing of the suit and associated applications.
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