1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1018 OF 2006 IN SUIT NO. 878 OF 2006 Mysore Sugandhi Dhoop Factory Pvt. Ltd. ...Plaintiffs versus Satish Shashikant Mehta .....Defendant Mr. V. R. Dhond i/b M/s. Dhruve Liladhar & Co. for the Plaintiff' s Ms. Rita Bhatia i/b Priti Sutar for Defendant CORAM: A.P. DESHPANDE, J. DATED: 30TH APRIL, 2008. P.C.: 1. This Notice of Motion has been taken out by the Plaintiff complaining of infringement of their trade mark as well as packaging of their product. Perusal of the mark used by the Defendant “Garden of Mawah” and the font, it is crystal clear that the same is deceptively similar with the registered trade mark as well as packaging of the Plaintiff' s product. This Court by an order dated 31-3-2006 has granted ad-interim relief in terms of prayer clauses (a) and (c). However, the Defendant was permitted to use the mark “Garden of Mawah” in a font which is not similar to the font used by the Plaintiff in their packaging “Garden of Eden” bearing registration no. 353816. The learned counsel appearing for the Defendant submits that they have 2 changed the font of their product and the same does not now have any similarity with the font used by the plaintiff. In all fairness and on instructions from the defendant who is present in the court, the learned counsel for the defendant submits that the Defendant does not propose even to use and they will not use in their packaging the mark “Garden of”. The statement is accepted. In this view of the matter the ad-interim relief in terms of prayer clauses (a) and (c) is made absolute. (A.P. DESHPANDE J.)