JUDGMENT :

One of the products manufactured and marketed by the plaintiff is a glucose-based chewy tablet sold under the trademark BOLTS. The defendants also manufacture and market a glucose-based chewy tablet under the trademark VOLT. The suit was filed seeking relief in respect of alleged passing off by the defendants of their products under the mark VOLT as the products of the plaintiff bearing the mark BOLTS. The plaintiff also sought to restrain the defendants from using the tag line ENERGY OF GLUCON-D, ANYWHERE, ANY TIME, on the ground that the said tag line is deceptively similar to the plaintiff’s tag line INSTANT ENERGY, ANYTIME ANYWHERE. Pursuant to the interim application being contested, the defendants removed the tag line ENERGY OF GLUCON-D, ANYWHERE, ANYTIME. The plaintiff had also prayed for relief in respect of the colour scheme and get up of the defendants’ packaging, as represented in Document No.2, which was annexed to the plaint. Such colour scheme and get up of the packaging was modified by the defendants, in terms of an interim compromise, and O.S.A.Nos.111 to 113 of 2015 were disposed of on that basis without prejudice to the plaintiff’s objection to the use o