MACLEODS PHARMACEUTICALS LIMITED Vs. INTAS PHARMACEUTICALS LTD.

JUDGEMENT

(1.) The Plaintiff has filed the present Suit against the Defendants inter alia, for infringement of their registered trademark ANTITHYROX and also, passing off in respect of their registered mark ANTITHYROX and their unregistered trademark THYROX. By the present Notice of Motion, the Plaintiff has sought an order of injunction against the Defendants from manufacturing and marketing any medicinal preparation/product by using the mark LETHYROX.

(2.) Briefly set out, the facts in the matter are as under :

(3.) The Plaintiff is inter alia engaged in the business of manufacturing and sale of pharmaceutical preparations. According to the Plaintiff, the Plaintiff is a well known manufacturer of and dealer in pharmaceuticals and medicinal preparations and enjoys a very good reputation for its products because of its excellent quality and efficacy. The products manufactured by the Plaintiff enjoy and command a good reputation among the doctors, chemists and the public in general, and its products are sold all over the country. The products manufactured by the Plaintiff are also exported to many foreign countries. Thus the Plaintiff has acquired excellent popularity across the country, as well as throughout the world.