1 s3648-89 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.3648 OF 1989 Indian Aluminium Co. Ltd. ....Plaintiffs V/s. Indals (Agencies) Pvt. Ltd. ....Defendants Mr.K.D. Shah for the Plaintiffs. Mr.Avinash Joshi i/b Mulla & Mulla & C. B. & C. for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 1ST JULY, 2011. P.C. :- 1. This is a suit for infringement and passing off. The plaintiffs seek an order restraining the defendants from infringing their registered marks “Indals” and “INDAL” and passing off their goods as those of the plaintiffs. 2. The defendants have used the word “Indals” in their corporate name. The learned counsel appearing on behalf of the defendants states that the defendants are not carrying on any business and that in any event they will not carry on any business which, in any manner uses the said mark “Indals”. The undertaking is accepted and it is so ordered. It is however, stated that the defendants intend filing an application for voluntary winding up and that therefore, in time even the present corporate name would not be used. 3. In any event, there can hardly be any dispute that by using the 2 s3648-89 said mark as a part of the corporate name the defendants infringe the plaintiffs’ mark. The same would also amount to passing off. 4. The prayer for damages is not pressed. 5. In the circumstances, the suit is decreed in terms of prayers (a), (b) and (c). The application for change in the corporate name by deleting the word “Indals” shall be made within eight weeks from today. No order as to costs.