1 s1517-02 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1517 OF 2002 Societe des Produits Nestle, S.A. & Anr. ....Plaintiffs V/s. Tarun Confectionery Works & Ors. ....Defendants Mr.Hiren Kamod i/b Mr.H.W. Kane for the Plaintiffs. Mr.J.S. Chandnani for Defendant Nos.1 to 3. CORAM : S.J. VAZIFDAR, J. DATE : 18TH JULY, 2011. P.C. :- 1. The facts of this case are almost identical to the facts in Suit No.1499 of 2002. The only difference is that the impugned marks in this case are “MUNCH” and “KIR KAT”. The similarity therefore is greater in this case. 2. The learned counsel appearing on behalf of defendant Nos. 1 to 3 makes a statement that defendant Nos.1 to 3 have stopped using the impugned marks “MUNCH” and “KIR KAT”. He further makes a statement that defendant Nos.1 to 3 shall not hereafter use the said mark or any marks deceptively similar to the plaintiffs’ mark ‘KIT KAT” and “MUNCH”. The statements are accepted. 3. The learned counsel for defendant Nos.1 to 3 further states 2 s1517-02 that defendant Nos.1 to 3 will not infringe the plaintiffs’ copyright being the artistic work on the wrapper Exhibits “B”, “B-1” and “M”. The statement is accepted. 4. In the circumstances, the suit is decreed in terms of prayers (a), (b), (c), (d) and (e). The other prayers are not pressed.