1 s1131-06 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1131 OF 2006 Franco-Indian Pharmaceuticals Pvt. Ltd. & Anr. ....Plaintiffs V/s. Artel Laboratories & Anr. ....Defendants Mr.Mahesh A. Mahadgut for the Plaintiffs. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 30TH SEPTEMBER, 2011. P.C. :- 1. This is a suit for infringement of copyright and for passing off. 2. The plaintiff is a registered proprietor of the mark “GLEAM”, under class – 5. The defendants have used the mark “Gleam – SR”. The deceptive similarity is patent. The addition of “ - SR” makes no difference. 3. The sales of the products by the plaintiff under the said mark from the year December, 2005 to March, 2006 was about Rs.6.00 lacs. 4. The defendants are absent. There is no written statement. There is nothing on record that militates against the averments and 2 s1131-06 submissions contained in the plaint. 5. The plaintiff has claimed only nominal damages of Rs. 51,000/- I am inclined to draw an adverse inference against the defendants on account of their having remained absent throughout to the effect that they have remained absent, knowing that if their records had been produced, the plaintiff’s case even regarding damages, would have been established. 6. In the circumstances, the suit is decreed in terms of prayers (a), (b), (c), (d), and (j). Costs to be quantified as per rules. Refund, if any, as per rules. The defendants shall comply with prayer (d) within eight weeks of being served a copy of this order. The Court Receiver appointed by the interim order shall continue in execution.