MODI MUNDI PHARMA PVT LTD Vs. MATRIX FORMULATIONS

JUDGEMENT

(1.) The plaintiff Modi Mundi Pharma Pvt. Ltd. is a company incorporated under the Companies Act having its registered office at 1400, Modi Tower 98, Nehru Place, New Delhi-110019. The plaintiff company has instituted the suit through Mr. Rajiv Bahl who is the constituted attorney of the plaintiff under a Power of Attorney being exhibited as Ex. PW-1/1. The reliefs claimed in the suit are as under:-

(2.) Summons/notices were dispatched to defendant No. 1 and defendant No. 2 on 19th January, 2008 and 15th January, 2008 respectively. Ex parte injunction was granted in favour of the plaintiff on 30th November, 2007. The defendants failed to appear and there was no representation on their behalf. Thus by virtue of order dated 19th August, 2008 they were proceeded against ex parte.

(3.) As per the plaintiff, company Modi Mundi Pharma Pvt. Ltd. was established in the year 1990 and is engaged in the manufacturing, development and marketing of high quality pharmaceutical formulations. The plaintiff is the proprietor of trademark bearing CONTIN and also obtained its registration under No. 518594 in Class 5 in its favour on 19th October, 1989 in respect of pharmaceutical preparations. The plaintiff is also the proprietor of other trademarks in the series containing CONTIN as a common feature including CONTINUS, DILCONTIN, NITROCONTIN, INDICONTIN, ARCONTIN, BUCONTIN, CORNUCONTIN, DIUCONTIN-K, FECONTIN-F etc. The word CONTIN is the common feature of these trademarks which can be identified as CONTIN family/series of trademarks. The plaintiff has filed a list of trademarks that form the family of CONTIN trademarks belonging to the plaintiff.