1 s1515-02 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1515 OF 2002 Societe des Produits Nestle, S.A. & Anr. ....Plaintiffs V/s. Martina Food Products & Ors. ....Defendants Mr.Hiren Kamod i/b Mr.H.W. Kane for the Plaintiffs. Mr.J.S. Chandnani for Defendant Nos.1 to 6. CORAM : S.J. VAZIFDAR, J. DATE : 18TH JULY, 2011. P.C. :- 1. This is an action for infringement of a registered trade mark, copyright and for passing off. The plaintiffs’ registered mark is “POLO”. The defendants have used the mark “ROLO” or “ROLLO”. The marks are deceptively similar to the plaintiffs’ mark. The colours adopted, colour scheme and the font in both the marks are also identical. The artistic work in the plaintiffs’ label at Exhibit “B” has also been slavishly copied in almost every material respect. Even the use of the word “MINT’ between the word marks has been copied. 2. The plaintiffs have established their reputation in the mark as is evident from the sales figures. There is nothing on record that belies the plaintiffs’ case. 3. The learned counsel appearing on behalf of defendant Nos.1 to 2 s1515-02 6 makes a statement that defendant Nos.1 to 6 will not infringe the plaintiffs’ word mark and copyright. The statements are accepted. 4. In the circumstances, the suit is decreed in terms of prayers (a), (b) and (c). The other prayers are not pressed.