A. K. SRIVASTAVA ( 1 ) THIS is a suit for perpetual injunction and rendition of account seeking following reliefs: A) for permanent induction and order of this Hon ble agents, servants and all other persons on their behalf from manufacturing, selling, offering for sale and distributing slide fasteners (zips) and other goods Jailing in class 26 and thereby infringing plaintiffs registered trade marks "ykk" and "zagan" or any mark/marks deceptively similar to the plaintiffs trade marks. B) for permanent injection and order of Hon ble Court restraining the defendants by themselves, their agents, slants and all other persons on their behalf from using the offending marks "ykk" and "zaglan" on Zips, in any manner or from whatsoever so as to pass off their goods as those of the plaintiffs manufacture, C) for delivery upon affidavit by the defendants to the plaintiff all offending goods/ trade marks "ykk" and "zaglan" for the purpose of destruction and /or obliteration is possible, as the case may be, D) for rendition of accounts into the profits made by the defendants since the adoption of the offending marks"ykk" and "zaglan" slide fasteners (zips) and a decree for the amount so fond due to the plaintiff, E) for costs of the suit. ( 2 ) THE case of the plaintiff is that it is a company incorporated under the laws of Japan having its registered office at 1 Kanda Izumi-cho, Chiyoda-ku, Yokyo, Japan. One Mr. P. S. Subramaniam is the constituted attorney of the plaintiffs company and is competent to sign and verify the plaint and file this suit. ( 3 ) IT is alleged in the plaint that the plaintiff is a registered proprietor of Trade Marks Nos. 223666 YKK as of 6. 8. 1964 in Class 26 in respect of Slide fasteners claiming user since 1956; 256357 YKK in a globe as of 25. 4. 69 in Class 26 in respect of slide fasteners and 393836 ZAGLAN as of 6. 8. 82 in Class 26 In respect of slide fastenes (zippers) hook loop type fasteners hooks and eyes button snap button and pressbutton: The plaintiffs grievance is that spurious zips and slides bearing the trade mark YKK and ZAGLAN were being sold in the market. Consequently, lie field a complaint in the court of the Chief Metropolitan Magistrate, Delhi and obtained a gernal search warrant from me court. Consequently, lie field a complaint in the court of the Chief Metropolitan Magistrate, Delhi and obtained a gernal search warrant from me court. In pursuance of the search warrant premises of the defendants were searched on 28. 1. 91 where nine gunny bags of spurious zips and slides bearing the trade mark YKK and ZAGLAN were found and sealed by the police. The claim of the plaintiff is that me defendants have no right to use the trade mark YKK and ZAGLAN and their products and the use of mat trade mark by them is illegal and have been done with the sole intention of deceiving and/or misleading the trade and members of the public causing them to believe that their goods bearing me trade mark YKK and ZAGLAN were the goods manufactured by the plaintiff. ( 4 ) HENCE the suit. Even after service, the defendants remained absent. Thus the suit proceeded exparte. The plaintiff has filed affidavit by way of evidence. The plaintiff has filed some original documents which are exhibited by the Joint Registrar vide his order dated 27. 3. 96. ( 5 ) I have gone through the contents of the plaint, affidavit and the exhibited documents on the record. The case of the plaintiff, in my opinion, is proved and the suit can be decreed partly. Learned counsel for the plaintiff has given up his prayer for rendition of accounts as prayed for in clause (d) of prayer clause of the plaint. In view of above the prayer for rendition of accounts is rejected as given up. The suit partly decreed to the effect that the defendants, their agents, servants and all other persons on their behalf are restrained from manufacturing, selling, ottering for sale and distributing slide fasteners (zips) and other goods infringing theplaintiff s trade mark "ykk" and "zaglan" or anymark/marks deceptively similar to he plaintiff s aforesaid trade marks. The defendants are further restrained from passing off a their goods as those of the plaintiffs under the trade mark YKK and ZAGLAN. The defendants are also directed to handover to the plaintiff all the goods or trade marks "ykk" and "zaglan" so that the same may be destroyed or obliterated. Rest of the prayers arc not allowed. ( 6 ) THE plaintiff shall be entitled to the proportionate costs ex parte.