WOCKHARDT LIMITED MUMBAI Vs. ARISTO PHARMACEUTICAL LIMITED CHENNAI

JUDGEMENT

(1.) APPLICATION Nos. 1649 to 1654 of 1998 and O.A. Nos. 182 and 183 of 1998 in C.S. No. 246 of 1998. The Petitioner/Plaintiff filed the suit for permanent injunction to restrain the defendant from manufacturing and selling pharmaceutical preparations and substances under the impugned trademark "SPASMO-FLEXON" and for other reliefs.

(2.) APPLICATION No. 182 of 1998 has been filed for the grant of ad-interim injunction restraining the defendant and others from selling or otherwise dealing with the pharmaceutical preparations and substances under the trademark named as "SPASMO-FLEXON".

(3.) THE Petitioner/Plaintiff has further averred that the drug "SPASMO-FLEXON" is deceptively, phonetically similar to or a colourable imitation of the plaintiff's trademark "Spasmo-Proxyvon" and therefore prayed that the respondents/defendant has got to be restrained from using the trade mark and passing off the goods.