NEON LABORATORIES LIMITED Vs. MEDICAL TECHNOLOGIES LTD

JUDGEMENT

(1.) This is an action for infringement and passing off.

(2.) The plaintiff is the registered proprietor of the mark ROFOL . The plaintiff claims to be the proprietor of the mark PROFOL . Its application made on 14 th August, 1995, for registration of the mark PROFOL is pending. The defendant also claims to be the proprietor of the mark PROFOL . As a result of the orders passed by the City Civil Court at Ahmedabad and the Gujarat High Court in a suit filed by the respondent on the basis that it is the proprietor of the mark PROFOL , the plaintiff is restrained from using the mark ROFOL .

(3.) This interlocutory application is, therefore, restricted to the claim for infringement of the plaintiff's registered mark ROFOL by the defendant's use of the mark PROFOL . The application, in as far as it relates to passing off must await a modification, if any, of the orders of the Gujarat High Court and the City Civil Court at Ahmedabad and in so far as it is based on the trade mark PROFOL it must await the result of the plaintiff's application for the registration thereof.