ARBRO PHARMACEUTICALS LTD Vs. REGAL LABORATORIES

JUDGEMENT

(1.) BY this order I shall dispose of the application under Order 39 Rule 1 and 2 of CPC preferred by the plaintiff seeking injunction against the defendant from using the name of medicine "normax" as the name of its medicines on the ground that "norkin Plus" is the trademark of the plaintiff in respect of the same medicine and also that the defendant be also restrained from using the packaging material which was similar to packaging material of the plaintiff.

(2.) BRIEF facts relevant for the purpose of deciding this application are that the plaintiff was manufacturing anti-diarrheal suspension under the name of

(3.) IT is contended by counsel for the plaintiff that by putting the figure of the girl on the packing, defendant had violated the copyrights of the plaintiff. This packing was authored by Satya Prakash, an employee of the plaintiff under the contract of service in the year 1995 and plaintiff was the owner of this artistic work and and has sole and exclusive right to deal with the same.