FDC LIMITED Vs. ONYX LABORATORIES

JUDGEMENT

(1.) THIS suit is listed under the caption "undefended suits for exparte decree". The learned Counsel appearing for the Plaintiffs has tendered on record an affidavit of one Ms. Brinda Thakur, Constituted Attorney of the Plaintiffs. The said affidavit is taken on record and marked "x" for identification.

(2.) THE Plaintiffs are a public limited company. The Plaintiffs are manufacturers of medicinal and pharmaceutical preparations and formulations. In September 1968 the Plaintiffs invented a trade mark "electral" in respect of medicinal and pharmaceutical preparations. The said pharmaceutical preparation is an oral formulation of physiologically important electrolytes in granular carbohydrate base.

(3.) THE Plaintiffs are registered proprietors of two trade marks under which they are manufacturing and selling the aforesaid preparations, namely (i) ELECTRAL (word per se) registered under No. 251636b in Class 5 as of 12th September 1968; and (ii) ELECTRAL label registered under No. 356663 in Class 5 as of 19th December 1979. It is stated in the plaint that the registration of the aforesaid trade marks have been renewed from time to time.