VIJAY GROVER Vs. BIOCURE LABORATORIES

JUDGEMENT

(1.) This is a suit for permanent injunction restraining infringement of trade mark, copyright, passing off, rendition of accounts. However the relief for rendition of accounts and delivery have been given up.

(2.) The plaintiff is engaged in the business of manufacture and sale of Ayurvedic and patent medicines since its inception. In the year 1951 the plaintiff adopted trade mark DESTROL for a medicinal preparation of its manufacture and sale. The trade mark DESTROL has been used by the plaintiff continuously and extensively in the course of trade and has acquired a tremendous reputation over the course of time. The plaintiff avers that it is also the registered proprietor of the mark DESTROL by virtue of registration No.151060 dated 13.10.1951 which is valid, subsisting and in full legal force. This registration was originally granted in favour of Mr. R.P.Grower and Mr. Vijay Grover.

(3.) The said medicinal preparation of the plaintiff's manufacture is sold in packing bearing a distinctive and unique label. The essential and distinct features of the said label have been described in para 7 of the plaint.