- 1 - 25.nms.1934.10s.1903.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1934 OF 2010 IN SUIT NO.1903 OF 2010 Swaraj Industrial & Domestic Appliances Pvt. Ltd. ..Plaintiff -Versus- Shree Shandeshwar Utensils & Appliances (P) Ltd. & Anr. ..Defendants .......... Mr.B.N.Poojari i/b Asian Patent & Law for the Plaintiff. Mr.Manish Saurashtri i/b M/s.Krishna & Saurashtri for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 15TH JULY 2011. P.C. 1 This is an action for infringement of a copyright and passing off. 2 Copy right is in the stylized writing of the plaintiff's word mark ‘MAGGI’. 3 Mr.Saurashtri, the learned counsel appearing on behalf of the defendants state that the defendants do not intend using the word mark - 2 - 25.nms.1934.10s.1903.10 ‘MAGGI’ or any other mark deceptively similar thereto and that they do not intend adopting/using the artistic work similar to the plaintiff’s artistic work referred to earlier. He further makes it clear that these statements are without prejudice to the defendants’ rights and contentions. The Notice of Motion is, therefore disposed of by accepting these statements. 4 Needless to state that all the rights and contentions of the parties are kept open. It is always open to the plaintiff also to adopt appropriate proceedings including in this suit in the event of infringement by the defendants in future, if any. 5 However, to leave no room for dispute, the plaintiff agrees to the defendants using the word ‘MAGGISUN’ provided that the same is written in a manner different from the plaintiff’s stylized manner, all the letters in the word are of the same font and same size, same style and colour except the first letter ‘M’ which may be in capitals and bigger than the other letters. Further, all the letters will be against the similar/common background. 6 Mr.Saurashtri fairly states that there are about 6000 to 7000 packets containing the defendant’s goods which bear the mark ‘MAGGISUN’ with the devise of an orange coloured sun encircling the letters ‘SUN’. This mark/label does not fall for consideration in the present Notice of Motion. - 3 - 25.nms.1934.10s.1903.10 7 He states that other than the 6000 to 7000 packets, no further sales under said label will be effected. He further states that the existing stock shall be disposed of on or before 31st December 2011 from today. The statements are accepted. The extent of the existing stock and the particulars of the sale thereof shall be filed on affidavit within four weeks from today. The Notice of Motion is disposed of. -