SENOR LABORATORIES LIMITED Vs. JAGSONPAL PHARMACEUTICALS LIMITED

JUDGEMENT

(1.) By the order dated July 18, 1996 the learned Single Judge allowed I.A. 9918/1995 and dismissed I.As. 12447/1995 & 12451/1995. FAO(OS) No.292/1996 is directed against the order in I.As.9918/1995 and 12447/1995 while FAO(OS) No. 293/1996 against the order in I.A. 12451/1995. Since both the appeals arise out of a common order, we propose to dispose them of by this common order.

(2.) . Suit for permanent injunction and rendition of accounts etc. was filed by M/s.Jagsonpal Pharmaceuticals Ltd., plaintiff/respondent, inter alia, alleging that it is an established Company engaged in the business of manufacturing and marketing of medicinal and pharmaceutical preparations. Plaintiff adopted the trade mark SEFLOX on April 1, 1990 in respect of one of its pharmaceutical preparations and has been continuously using it upto this time. Plaintiff widely advertised the said trade mark through .different medias. It has now become distinctive and associated with the plaintiff on account of long, extensive and exclusive user thereof. In order to acquire statutory rights of the said trade mark plaintiff filed an application in the office of Trade Marks Registry at New Delhi for its registration under No. 589743 in Class 5 of the fourth schedule of the Trade and Merchandise Marks Act, 1958 (for short the 'Act') on February 1,1993. It is further alleged that the defendant is also engaged in the business of manufacturing and marketing pharmaceutical formulations and adopted the aforesaid trade mark in relation to its goods in the first week of August, 1995 as is evident from the defendant's notice dated nil issued to the plaintiff through Counsel Shri S. Subramaniam Reddy. Defendant has been passing off its goods under the said trade mark as that of the plaintiff and has not given up the use of the trade mark despite the plaintiff's communication dated August 10, 1995. Adoption of the trade mark SEFLOX by the defendant is dishonest and the plaintiff has been suffering loss both in business and reputation.

(3.) . Alongwith the suit aforementioned I.A. 9918/1995 under Order XXXIX, Rules 1 & 2 read with Section 151, Civil Procedure Code was filed by the plaintiff and by the order dated October 19,1995 M/s. Senor Laboratories, defendant/appellant was restrained from manufacturing, selling, offering for sale, advertising, displaying, directly or indirectly dealing in pharmaceutical formulation under the said trade mark SEFLOX or any other trade mark identical with or deceptively similar with that trade mark until further orders.