WOCKHARDT LIMITED Vs. EDEN HEALTHCARE PVT. LTD

JUDGEMENT

(1.) The above Suit is filed by the Plaintiff to prevent the acts of infringement and passing off committed by the Defendant by the use of the mark SPASGAN. The Plaintiff is seeking, inter alia, reliefs of injunction, delivery up, damages and/or accounts of profit, etc. The above Notice of Motion is taken out by the Plaintiff, seeking temporary injunction against the Defendant from infringing the Plaintiffs mark SPASGAN and/or passing off the products of the Defendant as and for those of the Plaintiff. The Plaintiff claims to be the Proprietor of the registered mark SPASGAN. The Defendant is using an identical mark SPASGAN.

(2.) On 23rd August, 2013, the Plaintiff made an ex parte application seeking reliefs of injunction and appointment of Court Receiver in respect of the cause of action for infringement, which reliefs were granted. The Plaintiff had also filed a Petition seeking Leave under Clause XIV of the Letters Patent, Bombay, to combine the cause of action for passing off along with the cause of action for infringement which was heard and finally allowed on 30th March, 2013, and ad-interim relief restraining the Defendant from passing off its goods as those of the Plaintiff by use of the mark SPASGAN was also granted. The Notice of Motion is now taken up for final hearing.

(3.) The submissions advanced on behalf of the Plaintiff are set out hereunder: