1999 (8) TMI 995

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..... equest further time of four weeks for filing the written statement was granted. When the matter came up on 21.7.1999 before the Joint Registrar(o) it was noted that the written statement had not been filed and hence the matter was placed before court. On 6.8.1998 there was no appearance on behalf of Defendants. In these circumstances, Order 8 Rule 10 was relied upon by the learned counsel for the plaintiffs and it was pressed before me that the court should pronounce judgment against the Defendants. Arguments were heard in the suit and judgment was reserved. 2. Order 8 Rule 10 reads as under: O.8 R. 10. When any party from whom a written statement is required under rule 1 or rule 9 fails to present the same within time permitted or f .....

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..... ensively in use by the plaintiff No. 1 since 1968. In 1976 the word 'RELAXO, was drawn up in an artistic manner and in a unique and distinctive style as contemplated by Section 2(c) of the copyright Act, 1957. The three artistic works related to the word 'RELAXO' have been registered under the copyright Act 1957 under Registration Nos. A16964/77, A42720/83 and A42721/83. Copies of the extracts in the register of copyrights have been filed. 5. In order to protect the proprietary rights in the trade mark RELAXO registration was carried out under the Trade and Merchandise Marks Act,1958 and copies of the relevant orders have also been filed along with the suit. 6. It has been averred in the plaint that due to excellent qualit .....

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..... ers, servants, agents, representatives, dealers and others acting for and on its behalf from infringing or reproducing copies of 'artistic works' RELAXO in respect of which the plaintiffs are the owners and or to do anything, the exclusive right to do which is conferred upon the plaintiffs as owners of the said copyright. The Defendants through their proprietor/partners, servants, agents, representatives, dealers and others acting for and on its behalf are further restrained from manufacturing, selling, offering for sale, advertising directly or indirectly dealing in rubber chappals or any other footwear under the trade mark RELAXO or any other trade mark which may be deceptively similar to the plaintiffs registered trade mark RELAX .....

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