CURE WAY DRUGS Vs. SAHAJANAND HEALTH CARE

JUDGEMENT

(1.) Present suit has been filed for permanent injunction restraining infringement of copyright, passing off, damages/rendition of accounts and delivery up etc. The prayer clause in para 33 of the plaint is reproduced herein below:-

(2.) On 08th Oct., 2013, the learned Predecessor of this Court had restrained the defendants, their partners/proprietor, their assignees in business, distributors, licensees and dealers from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in medicinal preparation/skin cream/soap etc. or any other medicinal products under the impugned trade mark Golden Ultimate packaging or any other packaging as may be a slavish or colourable imitation or substantial reproduction of Ultimate Skin Cream & Ultimate Soap packaging in respect of colour combination, get up, lay out and arrangement of features, amounting to infringement of copyright of the plaintiffs.

(3.) On 01st Dec., 2014, defendant No.2 was proceeded ex parte.