(1.) On 6.9.2006 while issuing summons ir the suit, taking cognizance of IA.No.9988/06 filed by the plaintiff under Order 39 Rules 1 & 2 CPC, following ex-parte ad-interim order was passed :-
(2.) lA.No. 10893/06 has been filed by the defendant invoking Order 39 Rule 4 CPC praying that the ex-parte injunction be vacated.
(3.) Case of the plaintiff is that 'MM Labs' was a unit of Uni-Distributors Pvt. Ltd. which was manufacturing and selling Pharmaceuticals products since 1994. Amongst others, since 1994 said unit was manufacturing and selling an analgesic drug marketed under the trade name LOPRIN, a coined word derived from 'low dose of aspirin', drug being for combating cardiological problems such as prevention of strokes, recurring angina, venous, thrombosis and embolism. Since 1999 it was manufacturing and selling 'LOPRIN-DS'. Registration of LOPRIN was obtained under the Trade & Merchandise Act, 1958 on 20.9.2000. That Unichem Laboratories Ltd. markets LOPRIN for the plaintiff. That reputation and goodwill for LOPRIN can be gauged from the following : <FRM>JUDGEMENT_597_AD(DEL)8_2006Html1.htm</FRM>