MERCK KGAA AND ORS. Vs. HASMUKH N. THAKKAR

JUDGEMENT

(1.) THIS suit for permanent injunction restraining infringement of trade mark and rendition of accounts, damages and delivery up, etc. was filed by the Plaintiffs against the Defendant with the following prayers: - -

(2.) PLAINTIFF No. 2 is its Indian subsidiary. It is averred that the Plaintiff No. 1 is the registered proprietor of the trademark EMFLAM under registration No. 467598 dated 13.02.1987 in respect of the pharmaceutical and medicinal preparation.

(3.) ACCORDING to the Plaintiffs sometime in August, 2010, the Plaintiff No. 1 came to know that the Defendant has adopted the trademark ECEFLAM+ in respect of his pharmaceutical and medicinal preparations and so as to create an impression amongst the purchasing public and trade that the product of the Defendant actually originates from the Plaintiffs or there is some kind of association and/or nexus between the Plaintiffs and the Defendant company.