1 nms-3579-08-s-2961-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 3579 OF 2008 IN SUIT NO. 2961 OF 2008. Argos International Marketing Pvt. Ltd. ..Plaintiff. vs. Gateway Multichannel Retail (India) Ltd. ..Defendant. .... Mr. Venkatesh Dhond, i/b. India Law Services, for Plaintiff. Mr. Himanshu Kane, a/w. Mr. Hiren Kamod, Mr. Chaitnya Chavan, for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 12TH JANUARY 2011. P.C. The present Suit is filed by the Plaintiff to restrain the Defendant from using in relation to any goods and/or services the impugned mark/ label containing the word ‘Argos’ and/or any other similar/deceptively similar mark/label so as to infringe and pass off or enable others to pass off the Defendant’s goods as and for the goods of the Plaintiff. 2. The learned Advocate appearing for the Plaintiff states that according to them earlier the word ‘Argos’ was used by the Defendant since the Defendant had an arrangement with Argos Limited, UK. However since that arrangement is discontinued, the Defendant is at present not using the word/mark ‘Argos’. 3. The learned Advocate appearing for the Defendant states that though it is true that the word/mark ‘Argos’ is not used by the 2 nms-3579-08-s-2961-08 Plaintiff at present, but it should not be construed that the Defendant has submitted that it is not entitled to use the word/mark ‘Argos’ in future. 4. In view of the above, the learned Advocate appearing for the Plaintiff seeks to withdraw the Notice of Motion with liberty to file a fresh Notice of Motion seeking similar reliefs, if so advised. The Notice of Motion is therefore, disposed of as withdrawn with liberty as sought. [ S.J. KATHAWALLA, J. ]