1 s3168-02 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.3168 OF 2002 Mars Incorporated ....Plaintiff V/s. Marson Food Products & Ors. ....Defendants Mr.Ramesh Gajria i/b Gajria & Co. for the Plaintiff. Mr.J.S. Chandnani for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 22ND JULY, 2011. P.C. :- 1. This is an action for infringement and passing off. The plaintiff is the registered proprietor of the word mark “MARS”. The defendant has used the identical word mark. The sales figures and the advertisement expenses mentioned the plaint establishes the plaintiffs’ enormous reputation in the mark. The plaintiffs have therefore, established their claim for infringement and passing off. 2. The plaintiffs have claimed only nominal damages of Rs. 51,000/-. On the presumption that this was a genuine mistake and that the defendant had allegedly stopped using the mark immediately upon being informed about the infringement, in the facts of this case, the prayer for damages is not granted. 2 s3168-02 3. In the circumstances, the suit is decreed in terms of prayers (a) and (b). Refund, if any, as per rules.