LUPIN LIMITED Vs. OVATION REMEDIES

JUDGEMENT

(1.) The learned Advocate for the Plaintiff undertakes to file Vakalatnama within a period of one week from today.

(2.) The Plaintiff in person has led the evidence by filing his Affidavit in lieu of examination-in-chief. He confirms the correctness of the contents of the Affidavit. The Affidavit, inter alia, reiterated what is stated in the Plaint. Through the evidence, the compilation of documents is tendered in the Court which is taken on record.

(3.) Plaintiff has been using the products bearing the registered trademarks "L-CIN 250" and "L-CIN 500" since the year 2002 openly, continuously and extensively and the brand/line extensions subsequently throughout India. Plaintiff is the registered proprietor of the trademarks "L-CIN 250" and "L-CIN 500" by virtue of its registration which is annexed and marked as Exhibits - Al and A2 to the Plaint and the copies of the same annexed to the Schedule of the Affidavit which is tendered along with the affidavit of Mr. R. Kumar, Deputy General Manager-Legal of the Plaintiff herein.