TROIKAA PHARMACEUTICALS LTD Vs. PRO LABORATORIES LTD

JUDGEMENT

(1.) THE plaintiff, namely, Troikaa Pharmaceuticals Ltd. , has filed Regular Civil Suit No. 2486 of 2007 in the City Civil Court at Ahmedabad praying for permanent injunction restraining the defendants, their servants, agents, dealers, distributors, stockists from manufacturing, marketing and using the impugned design registered under No. 186992 in Class 28 on 16-10-2001 in respect of D shape tablet and/or any tablet, which is having similar shape and configuration or material reproduction of the plaintiff's registered design. The plaintiff has also prayed for permanent injunction restraining the defendants from printing, publishing, using, marketing, coping or imitating the impugned design of tablet, its drawings and parts thereof and restraining them from committing infringement of the design of the plaintiff. The plaintiff has also prayed for direction to the defendants to pay the sum of Rs. 50,000/- for the damage caused to the plaintiff on account of infringement of the plaintiff's registered design and also order the defendants to render true and correct account of the goods manufactured and sold by the defendant after notice and after verifying the same, to pass a decree of such amount of profit earned by the defendants. Lastly, the plaintiff has prayed for the direction to the defendants to hand over blocks, dyes, patterns, parts thereof and drawings of the product which are used manufactured and marketed by them, which is infringement of the registered design of the plaintiff. All such material should be given to the plaintiff for destruction.

(2.) THE plaintiff has also moved an injunction application in the said suit praying for temporary injunction restraining the defendants, their agents, servants, dealers, distributors, stockists for manufacturing, marketing and using the impugned design registered under No. 186992 in Class 28 on 16-10-2001 in respect of D shape tablet and/or any tablet, which is having similar shape and configuration or material reproduction of the plaintiff's registered design. The plaintiff further prayed to grant temporary injunction restraining the defendants, their servants, partners, agents, dealers, distributors, stockists from printing, publishing, using, marketing, coping or imitating the impugned design of tablet, its drawings and parts thereof and restraining them from committing infringement of the design of the plaintiff.

(3.) THE City Civil Court, Ahmedabad has issued process and granted adinterim relief in terms of Para 22 (A) of the injunction application.