(1.) THIS is a defendant's appeal. The appellant is aggrieved by an order of temporary injunction restraining it and their agents from manufacturing and marketing the medicinal product under the name of "atvas" which is held to be identical to the respondent-plaintiffs mark "avas", pending disposal of the suit.
(2.) THE brief facts of the case are as follows.
(3.) AS opposed to this the respondent urges that though the appellant claims to have obtained a drug licence for the manufacture of its product as on 17-8-2000 - it had actually commenced manufacture only as on 25-6-2001 and this apparently was in order to encash on the reputation that the respondent developed for its product in the interregnum and the respondent learnt about the appellant's product when it was advertised in a medical journal in December 2001, and was thereby constrained to initiate proceedings.