DASHRATHBHAI K. PATEL Vs. ACME PHARMACEUTICALS PVT. LTD.

JUDGEMENT

(1.) The appellant is original plaintiff, whereas respondent is original defendant before the trial Court, being Civil Court [Senior Division], Ahmedabad [Rural], in Regular Civil Suit No. 11/2005 preferred by the plaintiff for infringement of registered trade mark and permanent injunction. They are referred in the same capacity in this judgment also.

(2.) In the suit, the plaintiff has also prayed for interim relief to restrain the defendant from using in any manner the name of "ACME" Pharmaceuticals for the products of the defendant so as to protect the public from the deception and confusion in the largest interest of the public. Such application has been dismissed by the impugned judgment and order dated 7/5/2013. However, there was ad-interim relief in favour of the plaintiff which was continued till date of the impugned order by the trial Court and by order below exh. 60, the trial Court has continued the interim relief till 29/6/2013. The same order was continued by this Court vide order dated 26/6/2013. Thereby the plaintiff is enjoying interim relief till date since the year 2005.

(3.) I have heard learned advocate Mr. YJ Trivedi for the plaintiff/appellant and Mr. BS Chittle, learned advocate for the defendant/ respondent at length and perused voluminous record as well as citations referred by both the sides.