- 1 - 23.nms.1321.10s.307.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1321 OF 2010 IN SUIT NO.1220 OF 2010 Tilaknagar Industries Ltd. ..Plaintiff -Versus- Advaith biotech Pvt. Ltd. & Anr. ..Defendants .......... Mr.Himanshu W. Kane a/w. Mr.Hiren Kamod for the Plaintiff. None for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 15TH JULY 2011. P.C. 1 This is an action for infringement and passing off. 2 The plaintiff is a registered proprietor of the word mark ‘COURRIER NAPOLEON’. The registration is with effect from 19th February 1988 and use was claimed since 1st April 1986. The registration is under class 33 in respect of portable liquors (spiritous). - 2 - 23.nms.1321.10s.307.10 3 The defendants have in respect of their product namely brandy used the word mark ‘NAPOLEON’ in a prominent manner. The word ‘NAPOLEON’ in the plaintiff’s mark is also a dominant and striking feature. The plaintiff has, therefore, established a case of infringement. No affidavit in reply has been filed. 4 The plaintiff’s sales had increased enormously over the years. The sales in the year 1999-2000 were Rs.81,96,100/-. They increased over the years. In the year 2009-10 the sales increased to Rs.17,58,39,374/-. Similarly, the publicity and sales promotional expenses increased during the corresponding years from Rs.76,15.00 to Rs.610,430. The plaintiff has, therefore, obviously developed a substantial reputation in the said mark. In the circumstances, the plaintiff has established a case of passing off. 5 The Notice of Motion is made absolute in terms of prayers (a) and (b) except the words bracketed in red in both the prayers. -