- 1 - 28.s.1229.06 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1229 OF 2006 Blue Cross Laboratories Limited ..Plaintiff -Versus- Akme Drugds & Pharmaceuticals (P) Ltd. ..Defendant .......... Mr.Vinod Bhagat a/w. Mr.Punit Jani & Dhiren Karania i/b G.S.Hegde & V.A.Bhagat for the Plaintiff. None for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 7TH OCTOBER 2011. P.C. 1 This is an action for infringement of trade mark and copyright and for passing off. 2 The plaintiff is the registered proprietor of the marks ‘MEFTAL’ and ‘MEFTAS-SPAS’. The defendant has used the mark ‘MEFTISPAS’. The defendant’s mark is deceptively similar to the plaintiff’s mark. The substitution of the letters ‘al’ with the letters ‘is’ especially as it appears in the middle of the mark is of no consequence. - 2 - 28.s.1229.06 3 The sales figures furnished at Exhibit ‘C’ to the plaint establishes enormous goodwill and reputation developed by the plaintiff in the said mark. The value of the products sold in the year 1997-98 was over Rs.15 lakhs. The same increased over the years. In the year 2005-06, it was almost Rs.41 crores. 4 The defendant is absent. There is nothing on record that militates against the plaintiff’s claim. This is a fit case to accept the submissions and averments in the plaint as correct. 5 The plaintiffs have therefore made out a case for infringement and passing off. 6 The plaintiff has claimed damages of Rs.5 lacs. Moreover, the defendant being a company, it is reasonable to presume that the sales of their products under the impugned mark must have been substantial. I am inclined therefore, to draw an adverse inference against the defendant for not having remained present and not filing the written statement to the effect that the defendant has remained absent knowing that their records would indicate that the plaintiff has suffered damages in excess of what is claimed. - 3 - 28.s.1229.06 7 In the circumstances, the suit is decreed in terms of prayers (a) to (d) and (h). Prayer (c) shall be complied with within eight weeks of the defendant being served with a copy of this order. Refund of court fees, if any, as per rules. -