LAWS(DLH)-2009-5-258

NOVARTIS A.G. Vs. WANDER PVT. LTD

Decided On May 11, 2009
NOVARTIS A.G. Appellant
V/S
WANDER PVT. LTD Respondents

JUDGEMENT

(1.) EXECUTION is sought of a compromise decree dated 28th August, 2002 in CS(OS) No.372/2002.

(2.) THE decree holder had instituted the suit inter-alia for the relief of permanent injunction restraining the judgment debtor from using the word WANDER or any other word deceptively similar thereto as part of its name and trading style and/or from using the trademarks TRIAMINIC, TRIOMINIC, or TRIATUSSIC or WANDER or any other mark deceptively similar to the said marks in relation to goods being marketed or manufactured by the judgment debtor. The relief of accounts of profits made by judgment debtor by use of trading style Wander Pvt Ltd and decree for amount so found due was also claimed.

(3.) THIS court finding the compromise to be lawful allowed the same to be taken on record and passed a decree in terms of the compromise application which was ordered to form part of the decree.