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2010 Supreme(Bom) 1461

D.K.DESHMUKH, R.P.SONDURBALDOTA
Schering Corporation – Appellant
Versus
Messrs. United Biotech (P) Ltd. – Respondent


Advocates appeared:
For the Appellants:Dr. V.V. Tulzapurkar, Sr. Advocate i/b. M/s. Cr. Baylay & Co., Advocates. For the Respondents:H.W. Kane, Advocate.

JUDGMENT :

(D.K. Deshmukh, J.)

1. This appeal takes exception to the order dated 14th July, 2006 passed by the learned Single Judge of this Court dismissing Notice of Motion No.3459 of 2004. That Notice of Motion was taken out by the Appellants seeking certain interim reliefs in Suit no.3419 of 2004. The civil suit was filed by the present Appellants seeking decree of permanent injunction restraining the Defendants-Respondents from infringing the Plaintiffs’ registered trade mark “NETROMYCIN” and from passing off the defendants’ goods by using the trade mark “NETMICIN”. The Appellants had also prayed for permanent injunction restraining the Respondents-Defendants from using label, copy of which was filed with the Plaint, on the ground that by using that label the Defendants were passing off their goods as and for goods of the Appellants. The Appellants had also prayed for permanent injunction restraining the Respondents from infringing the copyright of the Appellants in the literary work of the package insert, as according to the Appellants, the Respondents had copied the same. The Appellants had prayed for interim reliefs in the Notice of Motion in the similar terms. At the hearing


















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