PANACEA BIOTEC LIMITED Vs. RECON LIMITED

JUDGEMENT

(1.) This is an application under Order 39 Rules I and 2 read with section 151 of the Code of Civil Procedure. The facts as appear from the plaint are as follows

(2.) The plaintiff is a limited company incorporated under the Indian Companies Act, 1956. It is engaged in the business of manufacture and sale of drugs and pharmaceuticals. On January 27, 1995, the plaintiff obtained .licence from the Drug Controller to manufacture "NIMESULIDE TABLETS" each containing Nimesulide 100 mg. under the Brand name "NIMULID". The preparation is indicated in the treatment of inflammatory condition including joint disorders such as Rheumatoid arthritis, post traumatic and post operative painful condition and fever. The plaintiff after the grant of the drug licence started the production of the drug under the trade mark "NIMULID". It is alleged that within a short span of about ten months the trade mark acquired a unique goodwill and reputation in this country. It is asserted that the trade mark "NIMULID" became very popular amongst the patients, doctors and medical institutions.

(3.) The plaintiff claims to be the proprietor of trade mark "NIMULID" by virtue of its prior adoption, extensive and exclusive use coupled with huge and extensive publicity given to the same. It is further averred that the respondent M/s. Recon Limited is likely to introduce medicines under the brand name "REMULIDE" having the same composition as that of NIMULID. By means of this application the plaintiff prays that the defendant be restrained from manufacturing and selling the drug under the trade mark REMULIDE.