- 1 - 14.s.992.2005 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.992 OF 2005 WITH CHAMBER ORDER (L) NO. 352 OF 2005 Raymond Ltd. ..Plaintiff -Versus- M/s. Filex ..Defendant .......... Mr.Mayur Shetty i/b Rajani Associates for the Plaintiff. Ms.Rajalakshmy Mohandas i/b ALMT Legal for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 16TH SEPTEMBER 2011. P.C. 1 The suit is filed for a perpetual injunction restraining the defendant from using/applying/affixing the impugned label or any other label identical with or deceptively similar to the plaintiff’s label/design on any material and from applying the same on any products so as to pass of their goods as those of the plaintiff. The prayer for damages is not pressed. 2 In the written statement, the defendant has fairly conceded that the impugned acts were under a bona-fide misapprehension and without realizing the legal position. The product was manufactured only pursuant - 2 - 14.s.992.2005 to a specific one time order for export. I will presume that the defendant was unaware of the legal position even in respect of the use of the marks of another for export. The defendant has in the written statement and in particular paragraph (3K) undertaken not to deal with the impugned label or a label which is identical/or deceptively similar to that of the plaintiff’s label henceforth. The undertakings contained in the written statement are accepted. 3 In view of the above, the suit is decreed in terms of prayers (a) and (b). No order as to costs. -