- 1 - 25.nms.4189.08.s.332608 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4189 OF 2008 IN SUIT NO. 3326 OF 2008 Tilaknagar Industries Ltd. ..Plaintiff -Versus- Amber Distilleries Ltd. ..Defendant .......... Mr.Hiren Kamod i/b Himanshu W. Kane for the Plaintiff. None for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 4TH AUGUST 2011. P.C. 1 This is an action for infringement of trade mark and for passing off. 2 By a detailed ad-interim order dated 18th December 2008, the injunction was granted restraining the defendant from infringing the plaintiff’s registered mark ‘SENATE’. The defendant has adopted the mark ‘SENHOR’. The defendant has not appeared nor filed an affidavit in reply. - 2 - 25.nms.4189.08.s.332608 3 I am not inclined to take a view different from the one taken by the learned Judge who passed the ad-interim order. After the interim order was passed, the plaintiff obtained leave under clause XIV. 4 Considering the sales figures furnished in Exhibit ‘B’ to the plaint, the plaintiff has established its goodwill and reputation in the mark. The artistic work on the defendant’s label at Exhibit ‘F’ to the plaint is an imitation of the plaintiff’s artistic work on its label at Exhibit ‘A’ to the plaint. 5 The word marks are written in a similar manner. The entire get up of a label and colour scheme are deceptively similar. Even the gold border is the same. The devise of a person’s face is the same. The placing of the colours is the same. The defendant has slavishly imitated the plaintiff’s artistic work in which the plaintiff has a copyright. 6 In the circumstances, the Notice of Motion is made absolute in terms of prayers (a), (b) and (c). No orders as to costs. -