IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 226 of 2024

CONSENT TERMS .

ie The Plaintiff abovenamed has filed the present suit against the abovenamed Defendant praying inter alia for reliefs relating to infringement of its registered trade mark TRUCARE exterior wall primer label, the registered copyright in the original artistic work of its TRUCARE exterior wall primer label and for passing off the goods viz. primer, paints and other like goods used in the paint industry, by the Defendant, by use of impugned label mark and pirated artwork of BEAUTY exterior wall primer and for other reliefs, as more particularly mentioned in the Plaint.

2, The Defendant hereby acknowledges the proprietary rights of the Plaintiff in its registered trade mark label and original artistic work of TRUCARE exterior wall primer being used in relation to its goods as more particularly mentioned in the Plaint. a The Defendant agrees and undertakes that he shall not hereafter use the impugned label mark and pirated artwork of BEAUTY exterior wall primer being deceptively/substantially similar to the Plaintiff's registered trade mark label and original artistic work of TRUCARE exterior wall primer, nor shall he use any other mark or artwork which is identical with and/or are deceptively/substantially similar to the Plaintiff’ s aforementioned registered trade mark label and/or original artistic work as aforementioned.

3 We. Ape

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 :-

the Defendant by themselves, their proprietor/partners, a.

servants, agents, stockists, distributors, assignees and all those connected with the Defendantin 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 primer, paints or other like goods used in the paint industry, the impugned label mark of BEAUTY exterior wall primer or any mark or label identical with and/or deceptively similar to Plaintiff's trade mark TRUCARE exterior wall primer, so as to infringe upon on the Plaintiff's said trade mark TRUCARE exterior wall primer registered. under No. 3389677 in class 02;

the Defendant by themselves, their proprietor/partners, servants, agents, stockists, distributors, assignees and * all those connected with the Defendantin their business be restrained by a perpetual order and injunction of this Hon'ble Court from manufacturing, marketing, selling and/or using in any manner whatsoever in relation to their wall primer, paints or other like goods used in the paint industry, the impugned pirated artwork of BEAUTY exterior wall primer (appended at Exhibit H to the Plaint) bearing a colour scheme, lay- out, get-up, style, artwork and representation or any other artwork which is identical with and/or is substantially/strikingly similar as regards the colour scheme, lay-out, get-up, style, artwork — and representation to the Plaintiff's original artistic label of TRUCARE exterior wall primer label (appended at Fe fio Exhibit B to the Plaint), so as infringe upon the Plaintiff's copyright in its TRUCARE exterior wall primer label registered under No. A-120500/2017 dated

21.09.2017;

c. the Defendant by themselves, their proprietor/partners, servants, age