- 1 - 903.s.1125.2010 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1125 OF 2010 Open Source Matters, INC ..Plaintiff -Versus- West Pioneer Properties (India) Pvt. Ltd. ..defendant .......... Mr.Mikhail Behl a/w. Mr.Suryakant Gaikwad i/b Sonal Doshi & Co. for the Plaintiff. Mr.Simil Purohit a/w. Mr.H.K.Sudhakara i/b Khaitan & Co. for the defendant . .......... CORAM : S.J. VAZIFDAR, J. DATE : 18TH AUGUST 2011. P.C. 1 The suit is disposed of by the following decree on admission : 1. That the defendant by itself, its servants and agents or otherwise howsoever is restrained by a perpetual order and injunction from in any manner using the impugned artistic work being Exhibit “H” to the plaint or in any manner publishing the same or any colourable imitation thereof so as to infringe the copyright subsisting in the plaintiff’s artistic work being Exhibit “D” to the plaint. 2. That the defendant by itself, its servants and agents is restrained by a perpetual order and injunction from in any manner using the impugned trademark / logo Joomla - 2 - 903.s.1125.2010 being Exhibit “H” to the plaint or any other deceptively similar trademark so as to pass off its ventures, goods , services etc. as that of the plaintiff. 3. The defendant is ordered to deliver up for destruction all promotional material, brochures, fliers etc. if any, bearing the impugned trademark / logo Joomla, Exhibit “H” to the plaint or any other deceptively similar mark thereto. 4. The defendant shall not in any manner use the impugned artistic work being Exhibit “H” to the plaint or in any manner publish the same or any colourable imitation thereof so as to infringe the copyright subsisting in the plaintiff’s artistic work being Exhibit “D” to the plaint and shall not pass off its ventures, goods, services etc, as that of the plaintiff. 5. The defendant confirms that they have changed their logo and the same is annexed and marked as Annexure “I” hereto to which the plaintiff has no objection. 6. Neither party has any claim against the other except as provided herein. 7. No order as to costs. 8. Refund of 2/3rd of Court fees paid by the plaintiff. -