JUDGMENT - D.K. DESHMUKH, J.:---This Notice of Motion has been taken out by the plaintiff. The plaintiff and the defendant are companies incorporated under the Companies Act and manufacture and market medical and pharmaceutical preparation. According to the plaintiff, the trade mark ZANOCIN was coined and invented by its employees. The said trade-mark has been used by the plaintiff for several years in respect of a broad spectrum antibacterial preparation. Zanocin contains as an active ingredient "Offoxacin". The trade-mark Zanocin is registered in Class 5 under the Trade and Merchandise Act as on 11-7-1988 in respect of pharmaceutical and medicinal preparations for human and veterinary use. The said trade-mark has been renewed and is valid and subsisting. The product has been widely promoted and has become very popular and the trade mark is associated with the plaintiff alone. The defendant has adopted a deceptively similar trade-mark ZENOXIM in respect of a medicinal preparation. The plaintiff on becoming aware of the adoption of the said trade mark by the defendant, issued ceased and desist notice dated 27-8-1999. The defendant has, thus, infringed the trade mark of the plaintif

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