A.S.GARG
WINTHROP PRODUCTS INC. – Appellant
Versus
EUPHARMA LABORATORIES LTD. – Respondent
A. Y. Sakhare, J. (Oral) - By this motion, plaintiffs are seeking order of injunction against defendants from using in any form or manner trade mark or name PANADOL and/or from passing off or attempting to pass off defendants' product in the name of PANADOL. Plaintiffs' claim is based upon infringement of trade mark and passing off.
2. Plaintiffs are corporation organised and governed by the State of Dalaware and has its head office at U.S.A. Plaintiffs are manufacturer of drugs and pharmaceuticals including an Antipyretic and Analgesic drugs, which is marketed by plaintiff on the trade mark PANADOL, a word mark invented by plaintiffs.
3. Plaintiffs claim to be the proprietor of trade mark PANADOL, which has been registered by plaintiffs in several countries across the world. Plaintiffs sell the said drug in several countries. Plaintiffs have started using this trade mark since about 1955. As per plaintiffs, said trade mark PANADOL is internationally famous mark and has acquired an extensive and valuable goodwill. Plaintiffs' annual global sales of 1994 off PANADOL was 240 million U.S. Dollers. The drug marketed under the trade mark PANADOL is an antipyretic and analgesic and
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