ARBRO PHARMACEUTICALS LTD Vs. FRANKLIN REMEDIES

JUDGEMENT

(1.) The plaintiff claims permanent injunction for restraining the defendant from passing of its pharmaceutical products under the trademark/packaging "MARKIN" for the reason of the same being similar/deceptively similar to the plaintiffs mark/packaging "NORKIN" with the suffix "PLUS" also in relation to pharmaceutical preparations. The defendant was by ex parte ad interim order dated 12-03-2007 restrained from making, selling, dealing in pharmaceutical preparations under the impugned trademark/packaging identical or deceptively similar to that of the plaintiff. The defendant was proceeded ex parte on 23-08- 2007 and the interim orders confirmed during the pendency of the suit. The defendant remains ex parte. The plaintiff has led ex parte evidence by affidavit of its manager Sh. Sanjay Gupta.

(2.) From the evidence, it is established:

(3.) The defendant is stated to have commenced manufacture and marketing Norfloxacin Suspension packed in a carton bearing trademark "MARKIN". The carton of the defendant is Ex Pw 1/16(Annexure D to the plaint).