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2012 Supreme(Bom) 1512

B.R.GAVAI
SMS Formulations Private Limited – Appellant
Versus
Sahib Singh Agencies (Bom. ) Limited – Respondent


Advocates appeared:
For the Plaintiffs:Dr. Birendra Saraf with Archit Jayakar and Pooja Kshirsagar i/b. Jayakar & Partners, Advocates.
For the Defendants:Sandip Parikh with Bhagwati Trivedi and Ms.Bijal Trivedi i/b. Bhagwati & Co., Advocates.

Judgment :

The plaintiff No.2 is a partnership firm and a sister concern of plaintiff No.1 which is a private limited company. The plaintiff No.1 is manufacturing medicinal products under the licence of plaintiff No.2. The plaintiffs have filed the present suit claiming that their registered trademark “IBULMOL” bearing No.999809 in class5 has been infringed by the defendants by manufacturing the product under the trademark “IBUNMOL”. The plaintiffs have also prayed for an order restraining the defendants from manufacturing or selling their product by passing it of as that of the plaintiffs' product. The plaintiffs have also taken out notice of motion for an injunction during the pendency of the suit restraining the defendants from infringing the plaintiffs' product and passing of their product as that of the plaintiffs' product. The plaintiffs had also moved this Court for ad-interim order. This Court vide order dated 22nd June 2006 granted ad-interim relief in terms of prayer clauses (a) and (b) except the bracketed portion, prayer clause (c) against defendant Nos.1 and 2 and prayer clauses (d) and (e).

2. The motion was heard finally. Heard Dr.Saraf, learned counsel for the plaint





























































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