1 nms2234-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2234 OF 2010 IN SUIT NO.2223 OF 2010 Macleods Pharmaceuticals Ltd. ....Plaintiff V/s. Synokem Pharmaceuticals Ltd. & Anr. ....Defendants Ms.Alpana Ghone i/b Sonal Doshi & Co. for the Plaintiff. Mr.A.K. Hon i/b Mr.S.V. Marne for Defendant No.2. CORAM : S.J. VAZIFDAR, J. DATE : 10TH JUNE, 2011. P.C. :- 1. This is an action for infringement and passing off. The plaintiff is the registered proprietor of the mark “Defcort”. The defendants have used the mark “Defcort 6”. The marks are phonetically identical. 2. The learned counsel appearing on behalf of defendant No.2, distributor, makes a statement that defendant No.2 has destroyed all the material containing the offending mark and further undertakes not to deal with any material containing the said mark or to use the plaintiff’s mark or any mark deceptively similar thereto in any manner. The statement is accepted. Defendant No.1 had in fact by a letter dated 10.4.2010 (Exhibit “G” to the plaint) stated that it had stopped further manufacturing products bearing the mark upon intimation from the plaintiff. The plaintiff however, found that defendant No.1 was using the mark even thereafter and 2 nms2234-10 therefore filed this suit. 3. In the circumstances, the notice of motion is made absolute in terms of prayers (a) and (b). The notice of motion is accordingly disposed of.