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Judgment
The suit is filed for the relief of permanent injunction restraining the defendant from infringing the plaintiff's registered trademark (Gold Winner) by using the offending trademark (Sun Elite) or any other deceptively similar trademark with identical or get up.
This Court, at the time of admission being prima facie satisfied that there is infringement of the plaintiff's trademark, had granted interim injunction. After notice, the defendants had appeared before this Court and reported that the get up and colour scheme adopted by the defendant had been changed.
The plaintiff and the defendant have also entered into joint compromise memo on 06.03.2021 and had filed copy of it before this Court, wherein the defendant had agreed not to use the trademark, colour scheme and get up which is similar or identical to that of the plaintiff.
In view of the compromise memo, the suit is decreed as prayed for. The terms of memo of compromise shall form part of the decree. Consequently, all other connected applications are closed. There shall be no order as to costs.