DEV PHARMACY PVT LTD Vs. OZONE PHARMACEUTICALS LTD

JUDGEMENT

(1.) This suit has been filed by the plaintiff who has asserted that its using the trademark "PERFECT" in respect of goods Manufactured by it and for which it has achieved a good reputation in the market. Alleging dishonest adoption of this trademark by the defendant, who was stated to be trading under the trademark 'PERFEKT', the plaintiff filed the present suit seeking the following prayers:- "(a) For a decree of permanent injunction restraining the defendants by themselves as also through their directors, principal officers, agents, representatives, distributors, assigns, stockists and all other acting for and on behalf of the defendant from using, displaying, selling, advertising or by any other mode or manner dealing in the impugned goods and business of Medicinal Formulations and Medicinal and Pharmaceutical Preparations and other allied and cognate goods and business under the impugned trademark PERFEKT or any other trademark or label bearing the same or identical with or deceptively similar to the plaintiffs said trademark PERFECT LABEAL or trade mark/labels bearing the said trademark PERFEKT and from doing any other acts or things likely or amounting to-

(2.) The defendants have appeared in receipt of the summons and have filed a written statement dated 24th January, 2005. Perusal of the written statement shows that in para 17, the defendant has stated thus:-

(3.) It is submitted by learned counsel for defendant that it has 'already filed the amended label on record of this Court whereby its trademark has been mentioned as 'OZOPERFEKT'. It has been submitted that with such a change, the plaintiff can possibly have no objection to the mark and label which has been adopted by the defendant.