KILITCH DRUGS (INDIA) LIMITED Vs. ZEE LABORATORIES LIMITED

JUDGEMENT

(1.) At the outset, Mr. Kane, Learned Advocate for the Plaintiff has tendered Draft Amendment to correct minor errors in the Plaint. He submits that there are some errors in the sales figures reproduced in paragraph 11 of the Plaint and that the Plaintiff seeks to rectify the said errors through the amendment. The Draft Amendment is taken on record and marked 'X' for identification. The Advocates for the Plaintiff shall carry out the amendments in terms of the Draft Amendment marked 'X', within one week here from. Reverification is dispensed with.

(2.) The Applicant/ Plaintiff has, by this Interim Application, sought an injunction against the Defendant from infringing the Plaintiff's registered trade marks KILITCH and KILITCH SRO bearing Registration Nos. 2369793 and 2510262 both in Class 05 by using the impugned trade mark KILITH/ KILITH SRO and/or any other trade mark identical with or deceptively similar to the Plaintiff's aforesaid registered trade marks in respect of the goods covered by the aforesaid registrations and/or similar goods or in any other manner whatsoever. Further consequential relief of passing off has also been sought against the Defendant.

(3.) It is submitted that the Plaintiff is a company incorporated under the Companies Act, 1956 and carries on an old, established and reputed business as a manufacturer, marketer, seller, exporter and/or trader inter alia of pharmaceutical and medicinal preparations. The Plaintiff claims to be recognized as one of the leading Indian pharmaceutical companies whose products and ethical formulations are developed through advance research and reckoned for their superior quality. It is submitted that the Plaintiff is an ISO 9001 and ISO 13485 certified pharmaceutical company, and is manufacturing and marketing its pharmaceutical preparations in India as also in more than 38 other countries across the globe with strong presence in Africa.