IPCA LABORATORIES LIMITED Vs. ANROSE PHARMA

JUDGEMENT

(1.) This present suit is instituted for infringement of trade mark combined with a cause of action of passing off. The Plaintiff in the present suit is a company incorporated under the Companies Act, 1913, having its registered office at the address mentioned in the cause title of the Plaint. The Plaint seeks a permanent injunction to restrain the Defendant from infringing the Plaintiff's registered trade mark ZERODOL and from using the trade mark ZEROVOL-P ('impugned mark') to pass off the Defendant's goods as those of the Plaintiff.

(2.) It is the case of the Plaintiff that the impugned mark is deceptively similar to the Plaintiff's registered trade mark ZERODOL and that both the marks are used in relation to the same goods, i.e. pain relief and/or pain management, medicinal and pharmaceutical preparations.

(3.) By an Order dtd. 29/10/2013, this Court granted ex-parte ad- interim reliefs in respect of infringement of trade mark. Thereafter, this Court, by an order dtd. 21/11/2013, granted leave under Clause XIV of the Letters Patent. On 9/12/2013, this Court confirmed the ad-interim order dtd. 29/10/2013 in favour of the Plaintiff.