G.S. Patel, J.

1. This is a suit in trademark infringement combined with a cause of action in passing off. The Plaintiff claims that its registered trade marks, OROFER and OROFER-XT, used in conjunction with medicinal products, are being infringed by the Defendant’s use of rival trade marks COROFER and COROFER-XT, and that the Defendant is attempting to pass off its goods as those of the Plaintiff. The present application is for interim reliefs, including an injunction and a Court Receiver.

2. The defence is, in brief, that the rival marks are not deceptively similar to those of the Plaintiff. They are distinct, and the differences are apparent and discernible. In any case, this is not a fit case for the grant of an injunction; the matter should proceed to trial. For, when the Defendant applied for registration, the Plaintiff’s marks were not cited as conflicting. More importantly, the Defendant claims to be using the rival marks since 2001. The Plaintiff having acquiesced in the Defendant’s use of the rival marks for over five years, the Defendant is now statutorily barred from opposing the Defendant’s use of its rival marks.

3. I have heard Dr. Saraf, learned Counsel for th