(1.) The Court: This is an application by the plaintiff inter alia for an order restraining the defendants from using the trademark "ocuflox" in respect of their ophthalmic drug in a passing-off action.
(2.) The plaintiff, which is a company incorporated in the United States of America, has obtained the approval of the US Food and Drug Administration for the manufacture of an ophthalmic formulation of fluoroquinolone, of loxacin under licence from Daiichi and Santen for the treatment of bacterial conjunctivitis. The plaintiff has been marketing the said formulation under the trademark "OCUFLOX" ("the said trade mark" for short).
(3.) It appears from a copy of the International Drug Directory edited by the Swiss Pharmaceutical Society that the aforesaid ophthalmic solution is manufactured and marketed under various trade marks in Germany, Switzerland, Argentina, Canada and elsewhere but under the said trade mark in the United States of America.