1 nms1449-11 vie IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1449 OF 2010 IN SUIT NO.1340 OF 2010 VHB Life Sciences Limited ....Plaintiff V/s. Troikaa Pharmaceuticals Ltd. & Anr. ....Defendants Ms.Smita Jadhav i/b Mr.Vinod Juwale for the Plaintiff. Mr.Manvendra Kane with Ms.Aditi Kulkarni i/b W.S. Kane & Co. for Defendant No.1. CORAM : S.J. VAZIFDAR, J. DATE : 10TH JUNE, 2011. P.C. :- 1. This is a suit for infringement. According to the plaintiff, the defendants by using the mark “AUGUMAX” have infringed its mark “AUGMEXX”. 2. The learned counsel appearing on behalf of defendant No.1 makes a statement that defendant No.1 will not use the impugned mark. They have stated so in the letter dated 29.10.2009, a copy whereof is tendered in Court, taken on record and marked “X”. The suit was filed thereafter. 3. The marks are undoubtedly deceptively similar both visually and phonetically. The difference between the two marks is of no consequence. The two words would still be pronounced in an almost 2 nms1449-11 identical manner. 4. In the circumstances, the notice of motion is disposed of by accepting the statement made on behalf of defendant No.1 and by making the notice of motion absolute in terms of prayers (a) and (b) against defendant No.2. Prayer (b) shall be complied with within four weeks of being served a copy of this order. The statement made by the learned counsel appearing on behalf of defendant No.1 that defendant No.1 has exhausted all the stocks of “AUGUMAX’ as also relating packing material, is accepted.