NEON LABORATORIES LTD Vs. THEMIS MEDICARE LTD

JUDGEMENT

(1.) This is an action in trademark infringement combined with a cause of action in passing off. The Plaintiff manufactures, markets and sells various pharmaceutical goods. The 1st Defendant markets the pharmaceutical products manufactured by the 2nd Defendant.

(2.) The Plaintiff claims that its registered trade marks, LOX 2% ADRENALINE, LOX 4%, LOX 5%, LOX HEAVY 5%, LOX VISCOUS, LOXALPRIN, LOXALPRY, LOXIMLA, PLOX and RILOX ("the LOX Family"), have been infringed by the Defendants' use of deceptively similar trade marks XYLOX 2%, XYLOX HEAVY, XYLOX GEL, XYLOX ADRENALINE, XYLOX 2% Jelly ("the XYLOX Family"), and that the Defendants are attempting to pass off their goods as those of the Plaintiff. The present application is for interim reliefs, including an injunction, and for the appointment of a Court Receiver.

(3.) I have heard Dr. Tulzapurkar, learned Senior Counsel for the Plaintiff, and Mr. Parikh, learned Counsel for the 1st Defendant, at some length. With their assistance, I have gone through the material on record. I have carefully considered this material and their respective submissions. For the reasons that follow, I have found, prima facie, that the Defendants' marks infringe the Plaintiff's, and that the Defendants' use of the rival marks constitutes passing off. I have not found sufficient merit in the defence to deny the reliefs sought. I have made the Notice of Motion absolute.