1 nms3042-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3042 OF 2010 IN SUIT NO.2828 OF 2010 Ajanta Pharma Ltd. ....Plaintiff V/s. Tanishka Pharmaceuticals Pvt. Ltd. ....Defendants Ms.Aditi Kulkarni with Mr.Hiren Kamod i/b Mr.H.W. Kane for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 23RD JUNE, 2011. P.C. :- 1. This is an action for infringement and passing off. 2. The plaintiff is a registered proprietor of a label mark of which the word “KAMAGRA” is a dominant part. The defendants have adopted the word “KAAMEGRA”. There is no doubt that the marks are deceptively similar both phonetically and visually. 3. The plaintiff has developed enormous reputation in the marks, as is evidenced from the sales figures as Exhibit “B-1” to the plaint. The sales figures in the year 2001-2002 were over Rs.1,85,00,000/-. In the year 2009-2010, the sales figures were over Rs.2,28,00,000/-. The plaintiff has also incurred promotional expenses of over Rs.50.00 lacs. 4. The plaintiff has therefore, made out more than just a strong prima-facie case for infringement and passing off. 2 nms3042-10 5. In the circumstances, the notice of motion is made absolute in terms of prayers (a) and (b). The costs to be costs in the proceedings.