MERCK KGAA Vs. KUSUMBEN K. BHAGAT

JUDGEMENT

(1.) Present suit has been filed for permanent injunction to restrain infringement and passing off of plaintiffs' mark EMADINE 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) and (b) of the plaint.

(3.) The relevant facts of the present case are that the plaintiff no. 1 is the registered proprietor for the trademark EMADINE vide registration no. 628838 dated 24 th May, 1994 in class 5 for Pharmaceutical and Medicinal preparations. Plaintiff no. 2 is the Indian Subsidiary of plaintiff no. 1 which has been using the trademark EMADINE in India since 1998.