- 1 - 18.s.1233.2005 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1233 OF 2005 ITC Limited ..Plaintiff -Versus- Rajani Food Products Ltd. & Anr. ..Defendants .......... Ms.Tanmayi Gadre a/w. Ms.Vijayalaxmi Kulkarni, Mr.Anup Lahoti i/b M/s.Nanu Hormasjee & Co. for the Plaintiff. Ms.Lata Bachani i/b M/s.I.R.Joshi & Co. for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 16TH SEPTEMBER 2011. P.C. 1 This is an action for an infringement and passing off. 2 The artistic work on the impugned label is a slavish imitation of the artistic work on the plaintiff’s label. It is not necessary to furnish a comparison of the impugned work with that of the plaintiff’s work as the defendants state that they have stopped using the said label and will henceforth not use the impugned label or any other labels which are deceptively similar to the plaintiff’s label. - 2 - 18.s.1233.2005 3 Although, I have come to the conclusion that the artistic work on the defendants’ label are an infringement of the artistic work of the plaintiff’s label, in the facts and circumstances of this case and considering the fair stand taken by the defendants, at least at this stage, it cannot be said that the defendants’ action was malafide or with any criminal intent. It is possible that they were under the genuine misapprehension that merely because the letters ‘SUN’ form part of the mark they were not dis-entitled to use the devise of a sun and of a wheat stem as also the colour combination associated with the sun. 4 The plaintiff also fairly states that in view of the defendants’ stand, they do not intend pursuing the complaints filed. In view thereof, the learned counsel appearing on behalf of the plaintiff rightly and fairly makes a statement that in the event of the defendants making an application for quashing of the complaint, the plaintiff will not oppose the same. In view of the stand taken by the defendants, the plaintiff has given up its claim for damages and for costs. 5 In the circumstances, the suit is decreed in terms of prayers (a), (b), (c) and (e). The other prayers are given up. Prayer (e) shall be complied with within eight weeks from today. - 3 - 18.s.1233.2005 The learned counsel appearing on behalf of the defendants state that no further material remains to be delivered pursuant to the decree in terms of prayer (e) and that if any such material remains, the same shall be handed over to the plaintiff’s advocate, within eight weeks from today. The statements are accepted. The Court Receiver shall comply with prayer (e) in respect of the material seized pursuant to the interim orders. Thereupon, the Court Receiver shall stand discharged without passing accounts but subject to payment of his costs, charges and expenses. -