Jawed Habib Hair And Beauty Limited v. Cleopetra Enterprise And 2 ORS

201-NMSL2145-16+.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 2145 OF 2016 IN SUIT (L) NO. 749 OF 2016 Jawed Habib Hair & Beauty Limited ...Plaintiffs

Versus

Cleopetra Eneterprise & 2 Others ...Defendants Ms. Pritam Joshi, for the Plaintiffs/Applicants. CORAM: G.S. PATEL, J DATED:

19th September 2016 PC:- 1.

Heard Ms. Joshi for the Plaintiffs. There was an ad-interim order dated 9th August 2016. This is an application in a Suit for infringement combined with a cause of action in passing off. Leave has been granted under Clause XIV of the Letters Patent. 2.

The dispute is in respect of the Plaintiffs marks JH and Jawed Habib, both registered, and both used in respect of the Plaintiffs' hair and beauty related services.

3.

Ms. Joshi states that after the ad-interim order, the Defendants have ceased their previous infringing use of the marks. 19th September 2016

201-NMSL2145-16+.DOC 4.

There is no Reply to this Notice of Motion.

5.

For the reasons set out in the order dated 9th August 2016, the Notice of Motion is made absolute in terms of prayer clauses (a), (b) and (c). In addition, the Plaintiffs will be entitled to seek the actual costs of this Notice of Motion at the final hearing of the Suit. (G. S. PATEL, J.) 19th September 2016