Damage for unauthorized trademark use can be claimed only on submission of proof of damage

In the 1st week of October, 2009, the petitioner came to know that the respondents have infringed its trademark by using the word ‘Arnimax’ on its products coupled with the trade dress and thereby has infringed the registered trademark and passed off its products as that of the petitioner. Accordingly, C.S. 360 of 2009 was filed and an interim order passed on 19th February, 2010 restraining the respondent from dealing with, offering for sale, advertising, marketing or publicizing the impugned trademark ‘Arnimax’. Such order was continued on 8th April, 2010 and direction given for filin...