WOCKHARDT LIMITED Vs. PATIALA MEDICAL AGENCIES

JUDGEMENT

(1.) Plaintiff M/s Wockhardt Limited has filed the present suit seeking a perpetual injunction to restrain the defendants from infringing its registered trademark ANALGON bearing No. 460943 in class-5. The plaintiff also applied for registration of a distinctive label of "ANALGON" bearing No. 465665 in respect of medicinal, pharmaceutical and veterinary preparations. The said application was duly advertised in trade mark journal and so was the registration advertised in the journal. The plaintiff's petition for renewal of the trademark is pending.

(2.) The plaintiff seeks injunction to retrain infringement of the copyright in the artistic green coloured cartons and blister pack. The plaintiff claims that the defendant by using carton pack deceptively similar to that of the plaintiff's trademark has adopted a trademark PALGON alongwith deceptively similar cartons and blister packs are infringing the plaintiff's trademark and passing-off the goods as that of the plaintiffs.

(3.) The defendants were duly served but none appeared on their behalf and they were directed to be proceeded ex parte on 11.3.2002. The plaintiff was called upon to file affidavit by way of evidence.