WIN MEDICARE LIMITED Vs. DUA PHARMACEUTICALS PRIVATE LIMITED

JUDGEMENT

(1.) This Order will dispose of plaintiff's application (IA 2444/96) filed under Order 39 Rules I and 2 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC') with the prayer that an interim injunction be granted restraining the defendants, its partners, or proprietors, as the case may be, their officers, agents and servants from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in a pharmaceuticals/medicinal preparations under the mark DICAMOL or any other mark as may be identical with or deceptively similar to the plaintiff's trade mark DICLOMOL or from doing any other thing as may be likely to lead to passing off the goods and/or business of the defendants as that of the plaintiff's.

(2.) The facts relevant for the disposal of the above mentioned application, briefly stated are that the plaintiff Company filed a suit for permanent injunction, restraining passing off, rendition of accounts of profits, delivery up etc. against the defendants, named above, averring that the plaintiff is a Company incorporated under the provisions of the Companies Act, 1956, having its registered office at 1400, Hemkunt Tower, 98, Nehru Place, New Delhi and Shri Dev Kumar Lalwani, Company Secretary and the constituted attorney of the plaintiff Company is fully authorised to sign and verify the plaint and to institute the present proceedings on behalf of the plaintiff Company. It is stated that the plaintiff Company, which was established in the year 1981, has carved a niche for itself in the field of manufacture, development and marketing of high quality pharmaceutical preparations and that the plaintiff Company has gained tremendous reputation in the medical trade/ medical profession amongst the consumers through large scale advertisement, extensive sales .innovative promotional schemes including distribution of literature among the medical circles.

(3.) It is further stated that one of the well known products of the plaintiff Company is anti-inflammatory and analgesic medicines sold in the form of Diclofenac Sodium and Paracetamol tablets under the trade mark DICLOMOL which is used for treatment of various deceases like rheumatoid arthritis, osteoarthritis, ankylosing spondylitis, cervical spondylosis, intervertebral disc syndrome and sciatica, nonarticular rheumatic conditions such as fibrositis, myositis, bursitis, lower back pain, soft tissue injuries such as sprains, strains and sports injuries, painful inflammatory conditions in gynecology, post-operative and post traumatic inflammation and swelling, pain and inflammation following dental surgery and acute attacks of gout. It is stated that the said analgesic medicine under the trade mark DICLOMOL belonging to the plaintiff is also available in the form of injection and gel and is widely used to combat pain and inflammation.