IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM. IP SUIT NO. 325 of 2023

1, The Plaintiff abovenamed has filed the present suit against the abovenamed Defendant praying inter alia for reliefs Digitally signed by B D PRI HP IAI TN R HM IAE NN IDER B D P DRI H aP tIA eI TN :R H 2M I 0AE 2NN 5I .D 03E .R 03 relating to infringement of its trade marks ASIAN, ASIAN

15:10:29 +0530 PAINTS, Device of GATTU and ROYALE, the registered copyright in the original artistic work of its Device of GATTU boy label and for-passing off the goods viz. putty, powder, paints and other ee goods used in the paint industry, by the Defendant, by use of the impugned marks ASIAN, Device ofa Boy holding a brush in his hand and ROYALE and the impugned pirated artwork of Device of a Boy holding'a brush in his hand and for other reliefs, as more particularly mentioned in the Plaint.

2. The Defendant hereby acknowledges the proprietary rights of the Plaintiff in its trade marks ASIAN, ASIAN PAINTS, Device of GATTU and ROYALE and its original artistic work of Device of GATTU being used in rethtion to its goods as more particularly mentioned in the Plaint. - a

3. The Defendant agrees and undertakes that he’ shall not hereafter use the impugned marks ASIAN, Device of a Boy holding a brush in his hand and ROYALE being identical/deceptively similar to the Plaintiffs trade marks ASIAN, ASIAN PAINTS, Device of GATTU and’ ROYALE and the impugned pirated artwork of Device of a Boy holding a brush in his hand being substantially similar to the Plaintiff's original artistic work depicted on its Device of GATTU label, nor shall he use any other mark/s or artwork/s which is/are identical with and/or are deceptively/substantially similar to the Plaintiff's registered trade marks and/or original attistic work as aforementioned.

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4. The Defendant accordingly submits to a Decree in favour of the Plaintiff in terms of prayers (a), (b), (c) and (d) of the plaint, which reads as under :-

a. the Defendant by themselves, their proprietor, servants, agents, stockists, distributors, assignees and all those connected with the Defendant in their business be restrained by a. perpetual order and injunction of this Hon’ble Court from manufacturing, marketing, distributing, selling and/or using in any manner whatsoever in relation to their wall putty, paint and other like goods used inthe paint industry, the impugned marks ASIAN, Device of a Boy holding a brush in his hand and ROYALE or any mark/s identical with and/or deceptively similar to the Plaintiff's trade marks ASIAN, ASIAN PAINTS, Device of GATTU and ROYALE, so as to infringe upon on the Plaintiff's trade mark of ASIAN/ASIAN PAINTS

533698, 904237, 904238, registered under Nos.

1154822, 965439 1055654, 1067053, 1154823, 1154824, 1154825, 1154827, 1154828 1154831, 1154832, 1154834, 1154835, 1154837, 1587298, , 1609251, 1609252, 1609253, 1609254, 1609255, 1609256, 1609257, 1609258, 1609259, 1650391 1670419, 1670422, 1670423, 1670424, 1670427, 1670432 -

1670430, 1670431, 1670433, 1670435, 1737955, 1670436, 1737954, LIZ 7956, 1743551, 1743555, 1743552, 1743553, 1743554, 1847163, 1994707, 1994709, 1994711, 2129737, 2129741, 2318178, 2400078, 2413392, the.trade mark of Device of GATTU registered under registration Nos. 523716, 523723, 902903, 904246, 904265, 944267; ROYALE registered under registration Nos. 904263, 904264, 944265, 1299194, 1841835,