SUN PHARMA LABORATORIES LIMITED Vs. NARENDER KUMAR

JUDGEMENT

(1.) The present suit has been filed seeking permanent injunction restraining passing off, unfair competition, rendition of accounts of profit, and delivery up.

(2.) The present dispute between the parties, essentially pertains to the adoption of the mark 'CAFTADAY' by the defendants which as per the plaintiff amounts to passing off of the mark of the plaintiff, i.e. 'CAFTA'.

(3.) At the outset it is noted that the Predecessor Bench of this Court vide judgement dtd. 21/3/2024 has made the ex-parte ad-interim injunction dtd. 9/9/2021 absolute. The relevant portion of the said judgment, is as under: