ARVIND LABORATORIES Vs. HAHNEMANN LABORATORY PVT LTD

JUDGEMENT

(1.) Pending suit for infringement and passing off, the plaintiff has come up with (i) an application for interim injunction restraining the respondent from manufacturing, selling, advertising and offering for sale, their product using the trade mark EYELEX in O.A. No. 255 of 2006 and (ii) an application for interim injunction restraining the respondent from manufacturing, marketing, distributing, offering or advertising for sale, their eye lotion, using the mark EYELEX or similar names and passing off their goods using same or similar mark on their goods in O.A. No. 256 of 2006. The plaintiff has also taken out an application in A. No. 1241 of 2006 under Clause 14 of the Letters Patent for combining the causes of action for infringement as well as for passing off.

(2.) The defendant has filed an application in A. No. 3704 of 2006 for rejecting the plaint.

(3.) Heard Mr. C. Daniel, learned counsel appearing for the plaintiff and Mr. Satish Parasaran, learned counsel appearing for the defendant.