- 1 - 13.s.2943.01 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2943 OF 2001 Pfizer Corporation & Anr. ..Plaintiffs -Versus- Concept Pharmaceuticals Ltd. & Pfizer Products Inc. ..Defendants .......... Mr.Himanshu Kane, a/w. Mr.Hiren Kamod, Ms.Mushraf Bukhari i/b Himanshu W. Kane for the Plaintiffs. Mr.S.A.Mishra for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 28TH JULY 2011. P.C. 1 By consent, the suit is taken on board and heard finally. 2 The marks are deceptively similar both phonetically and visually. The plaintiffs’ mark is ‘BECOSULES’. The defendants adopted the mark ‘B-C-SULES’. Further, considering the sales figures mentioned in the plaint, the plaintiffs have established its reputation and goodwill in the mark. The plaintiffs have, therefore, made out a case for infringement and passing off. - 2 - 13.s.2943.01 2 The learned counsel appearing on behalf of the defendants makes a statement that the defendants have for some time not been using and shall not hereinafter use the plaintiff’s word mark and label mark referred to in the suit and/or marks deceptively similar thereto including the impugned mark. The statements are accepted and it is so ordered. 3 Apart from the statement made on behalf of the defendants, it is clear that in any event the impugned marks are deceptively similar. 4 In the circumstances of this case, I am not inclined to grant damages although only nominal damages have been claimed. There appears to be some dispute as to whether any amounts were paid earlier. Apart from that the defendants appear to have taken a reasonable stand from the outset of ceasing to use the impugned mark. Further, even at this stage, the defendants have not taken any false defence. In the circumstances, I reject the plaintiff’s application for an adjournment to prove damages. 5 In the circumstances, the suit is decreed in terms of prayers (a), (b) and (c). Refund of the court fees, if any, as per rules. 6 The undertaking to file Vakalatnama within one week from today is accepted.