ARUN KRISHNAN M Vs. CURE AND CARE THERAPEUTICS

JUDGEMENT

(1.) The order passed by the Additional District Judge-II, Manjeri in I.A.No.2/2022, a petition filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure in O.S.No.5/2021, restraining the defendant in the said suit by a temporary injunction from manufacturing and offering for sale medicinal and pharmaceutical preparations under the trade mark 'CILNICUE' and from passing off the defendent's goods as that of the plaintiff by using any name/mark similar to 'CILNICURE', is under challenge in this appeal.

(2.) For the sake of convenience, the parties are referred hereafter in their capacities as 'plaintiff' and 'defendant' respectively. The plaintiff obtained trademark registration in respect of the pharmaceutical product with trade name 'CILNICURE' on 8/8/2017. The above item is said to be a drug used for the treatment of blood pressure.

(3.) The learned Additional District Judge, after hearing both sides, arrived at the finding that the parameters of prima facie case, balance of convenience and comparative hardship favoured the plaintiff, and accordingly granted the temporary injunction as per the order which is under challenge in this appeal.