1 s5608-99 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.5608 OF 1999 American Home Products Corporation & Anr. ....Plaintiffs V/s. M/s.Vardhman Exports & Ors. ....Defendants Mr.Darius Dalal with Ms.T.N. Daruwala i/b M/s.J.G. & Billimoria & Daruwala for the Plaintiffs. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 22ND JUNE, 2011. P.C. :- 1. This is an action for infringement and passing off. The first defendant is a registered proprietor in India and abroad of various trade marks in respect of the medicinal and pharmaceuticals preparations including analgesic. The products are manufactured and marketed in India and abroad in the trade name “ANACIN”. The word mark and logo of which the word mark is prominent feature are registered under class-5. 2. The products are packed in strips bearing the trade mark. The strips in turn are packed in cartons which have a prominent feature and colour scheme of yellow and green with the word mark “ANACIN” in a semi-circle in red. The plaintiffs claim to be the owners of the copyright in the original artistic work appearing on the cartons. 3. The plaint contains the details of the enormous reputation that 2 s5608-99 the plaintiffs have developed by using the said mark. In the year 1974-1975, the sales were about Rs.2.00 crores. The sales increased from year to year. At the time of filing of the suit, the sales were about Rs.20.00 crores. The plaintiffs have also furnished the details of the promotional expenses which increased from over Rs.27.00 lacs in 1981 to Rs. 1,60,00,000/- when the suit was filed. 4. The defendants have used the mark “ANAGIN”. Elaborate reasons are not required to indicate the deceptive similarity. The plaintiffs’ mark “ANACIN” and the defendants’ mark “ANAGIN”, are visually and phonetically almost identical. The work adopted by the defendants is also deceptively similar. It is indeed a slavish imitation of the plaintiffs’ work. 5. There is nothing on record that militates against the averments and submissions in the plaint. The plaintiffs are not pressing the claim for damages. 6. In the circumstances, the suit is decreed in terms of prayers (a), (b), (c), (d) and (i). Costs to be quantified as per rules.