1 s200-05 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.200 OF 2005 Noble Paints (Pvt.) Ltd. ....Plaintiffs V/s. Prabhat Paint Industries ....Defendants Mr.Airaj Bagwe i/b M/s.Jehangir Gulabhai & Bilmoria & Daruwalla for the Plaintiff. Ms.Hina Mody for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 30TH SEPTEMBER, 2011. P.C. :- 1. This is a suit for infringement of trade mark and copyright and for passing off. 2. The learned counsel appearing on behalf of the defendants states that the defendants have not used and shall not hereafter use the impugned mark or any other mark deceptively similar to the plaintiffs’ marks. The statements are accepted. This statement redresses the plaintiffs’ grievance as regards infringement and passing off. 3. The learned counsel for the defendants further states that the copyright contained in the word mark has also not been used and 2 s200-05 will not be used by the defendants hereafter. The statement is accepted. This redresses the plaintiffs’ grievance in respect whereof the reliefs have been sought by prayer (c). 4. As regards the infringement of the copyright in the literary work, the learned counsel for the defendants makes a statement that the defendants will hereafter delete from their technical specifications the following :- “This paint has been certified by the Chief fire Officer- Mumbai Fire Brigade. It was developed for the Indian Navy for Use on frigates” The plaintiffs are satisfied with the same as regards the reliefs claimed in prayer (d) of the suit are concerned. 5. In view of the defendants having made the above statements, the plaintiffs give up all other reliefs. 6. In the circumstances, the suit is decreed in terms of prayer (a), (b), (c) and (d). However, it is clarified that prayer (d) shall be deemed to have been complied with by the deletion from Exhibit “I-2” the words :- “This paint has been certified by the Chief fire Officer- Mumbai Fire Brigade. It was developed for the Indian Navy for Use on frigates” and by representing the rest of the contents in the technical specifications. No order as to costs.