1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.219 OF 2009 Aviat Health Care Pvt.Ltd. and another Plaintiffs versus Roma Pharma (P) Defendant Vishal Kanade i/by Bharat Shah & Co. for plaintiffs. Ms.Karishma Shrike i/by M/s.Gordhandas & Fozdar for defendant. CORAM : S.J.KATHAWALLA, J. DATE : 7th January 2011 PC : 1. The learned advocate for the defendant on behalf of defendant firm and its partners undertakes as follows :- (a) that they shall at no time infringe the plaintiffs' registered trademarks "M.V.I." bearing registration no. 186931 and/or "M.V.I.-AA" bearing no.1297629 in Class-5 or in any class and/or label containing the letters MULTI-VONTA" and "M.V.I." and/or any other trade marks/labels similar to plaintiffs registered trade marks and/or labels. (b) that they shall not infringe the 1st plaintiff's copyright in the artistic work appearing on their M.V.I. label by reproducing the same or substantial part thereof in any material form or by printing, publishing or using the impugned work appearing on the impugned label in any manner whatsoever; (c) that they shall at no time use the trademarks "M.V.I." and/or "M.V.I.- AA" and/or label/s containing the letters/words "M.V.I." and "MULTI VONTA" and/or any other trademarks or labels similar to said trademarks 2 or the labels of the plaintiffs so as to pass off their products/business as that of the plaintiffs; (d) that they shall forward the names and residential addresses of the partners of the defendant from the date of the filing of the suit up to the date of this order to the advocate for the plaintiffs within two weeks from today. The above undertakings are accepted. 2. In view of the above undertakings on behalf of the defendant and its partners, the plaintiffs are not pressing for damages as claimed by the plaintiffs in prayer clause (c) of the suit. The suit is disposed of accordingly. Refund of court fees, if any, as per Rules. (S.J.KATHAWALLA, J.)