FLEMING INDIA Vs. AMBALAL SARABHAI ENTERPRISES

JUDGEMENT

(1.) THESE suits, C.S. Nos. 1143 to 1149 of 1988 and C.S. No. 1220 of 1988 are actions in passing off in trade marks. C.S. No. 1143 of 1988 is by the firm Fleming (India) Bangalore against Ambalal Sarabhai Enterprises Ltd., Gujarat and the 2nd defendant M. Apotheke (P) Ltd., Bangalore. C.S. Nos. 1144, 1145, 1146 and 1148 of 1988 are by the same plaintiff against the above said Ambalal Sarabhai Enterprises Ltd. Only. C.S. Nos. 1147 and 1149 of 1988 are by Antox India (P)Ltd., Bangalore, a sister concern of the above said Fleming (India) against the above said defendant Ambalal Sarabhai Enterprises Ltd. only. The above said Ambalal Sarabhai Enterprises Ltd. is a drug and pharmaceutical manufacturer and has divisions as Sarabhai Chemicals, S.G. Pharmaceuticals, etc, C.S. Nos. 1220 of 1988 is by the above said Antox India (P) Ltd., against the first defendant Wander Limited, Bombay and the 2nd defendant Alfred Berg & Company (I) Private Limited, Madras.

(2.) IN these eight suits, the plaintiffs' main allegation is that the respective defendants are passing off the latter's respective eight drugs as the respective plaintiffs' drugs using the respective eight trade marks of the respective plaintiffs. The said trade marks are "Curaminth", "Dysonac", "Hexathane", "Synamox", "Depsodiaz", "Ganrillon -R", "Brokine -G" and "Cal -De -Ce" respectively. On that basis, a permanent injunction restraining the defendants from manufacturing, selling, etc., those goods, using the respective trade marks and consequential reliefs are sought for.

(3.) IN each of the first seven suits, the respective plaintiffs have also filed Application Nos. 4677 to 4683 of 1988, praying for similar temporary injunctions pending disposal of the respective suits and by order dated 8 -9 -1988 ex parte interim injunctions were granted. To vacate the said respective interim injunctions, the defendant Ambalal Sarabhai Enterprises Ltd. filed Application Nos. 5078 to 5084 of 1988 in the respective suits on 27.9.1988.