MEDLEY PHARMACEUTICALS LTD Vs. WINSOME LABOURATORIES LTD

JUDGEMENT

(1.) This Notice of Motion is taken out for seeking an order of temporary injunction to prevent the defendants from infringing the plaintiff's registered trade mark "Nimsaid" or "Nimsaid Wah" using the impugned trademark which is said to be deceptively similar. The case of the plaintiffs is as under :-

(2.) The plaintiffs is a company incorporated in 1956. They carry on business of manufacture and trade of pharmaceutical and medicinal preparations. The plaintiff-company adopted a distinctive trade mark "Nimsaid" for a medical preparation containing the drug "Nimesulide". After some time the plaintiff also adopted a variation of the above mentioned trade mark namely "Nimsaid- P" in respect of a medical preparation containing drugs "Nimesulide" and "Paracetamol".

(3.) In or about March, 1998, June, 1998 and September, 1999, the plaintiff obtained permission for manufacturing medical and pharmaceutical preparations under mark "Nimsaid-T" (Tablet) and "Nimsaid-P" (Suspension). In May, 1998, the plaintiff commenced manufacturing and selling preparations in the form of ablets bearing trade name "Nimsaid". After June, 1998, they started manufacturing and selling tablet under the trade name of "Nimsaid-P" containing the drugs "Nimesulide" and "Paracetamol". After September, 1999, they started selling suspension containing "Nimesulide" and "Paracetamol" under the trade name "Nimsaid-P".