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2000 Supreme(Bom) 352

B.N.SRIKRISHNA, S.RADHAKRISHNAN
PROCTER and GAMBLE (INDIA) Ltd. . and another – Appellant
Versus
Endolabs Ltd. and another – Respondent


JUDGMENT- B.N. SHRIKRISHNA, J.:---This appeal is directed against an order dated 16th December 1999 made by the learned Single Judge dismissing the Notice of Motion and vacating the ad-interim order made by the Court on 19th February 1999.

2.The plaintiffs came to Court alleging that it is a wholly owned subsidiary of a multinational company which is highly reputed and deals in pharmaceutical and consumer products; that the 1st plaintiff has been carrying on business in India since about 1966, inter alia, in consumer products, medicines, detergents and pharmaceuticals. The 2nd plaintiff is the proprietor of an internationally well known mark VICKS. The plaintiffs gave the details of their promotional expenditure figures as exceeding several million Dollars per year. The 2nd plaintiff is also the owner of several Indian registered trade marks. The figures of the sales turn over of Vicks products sold by the 1st plaintiff is said to be in crores of rupees every year. Vicks pharmaceutical products, sub-branded as ACTION-500 (a remedy against cold, nasal congestion, etc.) has been continuously manufactured and markted in India extensively by the 1st Plaintiff and the sales turnover inc




















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