1 nms2747-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2747 OF 2010 IN SUIT NO.2591 OF 2010 Alcon Inc & Anr. ....Plaintiffs V/s. Zee Laboratories Ltd. ....Defendants Mr.Nishad Nadkarni with Mr.Shailendra Bhandare i/b Legasis Partners for the Plaintiffs. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 1ST JULY, 2011. P.C. :- 1. This is an action for infringement and passing off. The plaintiffs are the registered proprietors of the trade mark “TOBREX” in class 5. The defendants have used the same mark by itself as well as the mark with the addition of letters “D” & “F”. The defendants have thereby infringed the plaintiffs’ word mark. The reputation that the plaintiffs have developed in the said mark by virtue of the sales of the products under the said mark in India can be gauged from paragraph 26 of the plaint. The sales in the year 2005 were about Rs.50.00 lacs and in the year 2010 upto the month of June alone, it was over Rs.69.00 lacs. The defendants are therefore, also guilty of passing off. 2. Ad-interim reliefs were refused. The plaintiffs had filed an 2 nms2747-10 appeal against the said order in which by an order dated 1.10.2010, ad- interim reliefs were granted in terms of prayer (a), (b) and (c) of Notice of Motion No.2783 of 2010 in Appeal No.1019 of 2010 in Notice of Motion No. 2747 of 2010 in Suit No.2591 of 2010. The Court Receiver implemented the order. The appeal was finally disposed of by an order dated 8.2.2011. The ad-interim order was set-aside and the reliefs were granted in terms of prayers (a), (b) and (e) of the present notice of motion. 3. The defendants are absent, though served. 4. In the circumstances, the notice of motion is made absolute in terms of prayers (a), (b), (d) and (e).