MERCK KGAA Vs. EACO LABS LTD

JUDGEMENT

(1.) PRESENT suit has been filed for permanent injunction to restrain infringement and passing off of plaintiffs' mark IMABEQ as well as rendition of accounts, damages and delivery. The prayers in the plaint are reproduced hereinbelow:-

(2.) LEARNED counsel for the plaintiffs fairly states that she is confining her prayers only to prayers (a), (b) and (e) of the plaint.

(3.) ON 25th October, 2005, defendant filed an application with the Trademark Registry for using the mark IMA with respect to pharmaceutical products.