NEON LABORATORIES LTD Vs. MEDICAL TECHNOLOGIES LTD

JUDGEMENT

(1.) The appellant " ori. Defendant no. 1 in Reg. Civil Suit No. 1244/2005 has challenged the order dated 17.10.2005 confirming the ad interim injunction granted in favour of respondents no. 1 and 2 (Ori. Plaintiffs) by the ld. City Civil Judge, Ahmedabad, passed below notice of motion ex. 6. The parties hereinafter be referred to as the plaintiffs and defendant for brevity.

(2.) The plaintiffs have filed the suit for injunction, damages and accounts of profits. The plaintiffs no. 1 and 2 are the companies incorporated under the Companies Act, 1956, having their registered office at Ahmedabad and they are engaged in the business of pharmaceutical drugs and medicinal preparations for last number of years. According to them, they have acquired high reputation and goodwill in the market. It is the case of the plaintiffs that the predecessor in title of the plaintiff no. 2 is the first plaintiff company who had introduced the word molecule 'PROFOL' in India. They have made an application before the Drug Controller of India on 22.4.1998.

(3.) It is the case of the plaintiffs that the predecessor of plaintiff no. 1 in title have coined and invested the trade mark "PROFOL" in April, 1998, and subsequently, thereafter from time to time, the licence was given to the plaintiff companies for the trade mark "PROFOL". It is the case of the plaintiffs that as per the order of this court in Amalgamation Company Petition No. 295/1999, the plaintiff no. 1 has become owner of the entire business and assets of predecessor-in-title thereof on 17.2.2000, and thereby the plaintiff no. 1 has become owner of trade mark "PROFOL". The plaintiff no. 2 is a licensee of the plaintiff no. 1 and at present, the plaintiff no. 2 is manufacturing products bearing trade mark "PROFOL".