WOCKHARDT LIMITED Vs. ARISTO PHARMACEUTICALS LIMITED

JUDGEMENT

(1.) THESE two appeals are directed against the order dated 2-6-1998, passed on O. A. Nos. 182 and 183 of 1998 on the Original Civil jurisdiction of this Court, vacating the ex parte interim injunction granted on 6-4-1998.

(2.) ORIGINAL Application Nos. 182 and 183 of 1998 was filed for grant of ad interim injunction restraining the respondent and others from use or otherwise dealing with the pharmaceutical preparations and substances under the trade mark "spasmo-FLEXON". O. A. Nos. 183 of 1998 was for grant of ad interim injunction restraining the respondent and others from passing off the goods under the trade mark "spasmo-FLEXON", on the ground that the same is identical or deceptively/phonetically similar to the appellant's trade mark "spasmo-FLEXON".

(3.) IT is further submitted that more than 32 applications/registrations can be seen in the Trade Marks Registry Records for trade marks starting with the word "spasmo". The above makes it clear that the brand name "spasmo-FLEXON" was coined and used in the normal course of established'pharmaceutical industry practice and not to cash in on the reputation of the "spasmo-PROXYVON" drug of the petitioner. The use of the word "spasmo" as a prefix just indicates the type of ailment being treated which is common in the pharmaceutical industry as a descriptive generic terms and is'publici juris'and open to use by all.