BIOFARMA Vs. SANJAY MEDICAL STORE

JUDGEMENT

(1.) Plaintiff has come up in appeal feeling aggrieved by the impugned order passed by learned Single Judge of this Court rejecting the plaintiff's application for the grant of ad-interim injunction under Order 39 Rules 1 & 2 of the CPC, in a suit filed on the original side jurisdiction of the High Court.

(2.) Flavedon is registered trade mark of the plaintiff No. 1/appellant in India having been so registered under No. 337006 dated 13.5.1978 in Clause V in respect of pharmaceutical preparation and substance. The plaintiff No. 1 has allowed the plaintiff No. 2 to use the said trade mark pursuant to an agreement entered into between the two.

(3.) Shortly before the institution of the suit, the defendants have commenced marketing a pharmaceuticals product adopting the name Trivedon. According to the plaintiffs Trivedon amount to infringement of the plaintiffs' trade mark and passing off by the defendants of their goods as the plaintiffs'.