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2015 Supreme(Bom) 64

S.C.GUPTE
Blue Cross Laboratories Ltd. – Appellant
Versus
RB Remedies Pvt. Ltd. – Respondent


Advocates Appeared:
For the Plaintiff:Vinod Bhagat a/w. Dhiren Karania, Punit Jani, i/b. G.S. Hegde, V.A. Bhagat, Advocates. For the Defendants:Sanjeev S. Hariakar, Advocate.

JUDGMENT

1. The Notice of Motion seeks interim reliefs in an infringement and passing off suit. By consent of Counsel, the motion is taken up for hearing at the ad-interim stage itself.

2. The Plaintiff is a leading pharmaceutical business house in India and is a registered proprietor of the trade mark 'CEDON' vide Registration No. 717042 as of 14.08.1996 in Class 5 of the Fourth Schedule to the Trade Mark Rules, 2002. The Plaintiff manufactures and markets antibacterial dry syrup used to treat cough, under the trade mark 'CEDON'. The Plaintiff has used the trade mark in relation to these goods continuously since 2004. The sales figures, invoices, promotional material, etc. produced with the Plaint indicates an extensive sale of the goods under the trade mark 'CEDON' by the Plaintiff throughout the last more than ten years. In 2013-14 itself, the sales were over Rs. 11 crores. In August 2014, the Plaintiff learnt about the use of the mark 'CEFDON' by Defendant No. 1 in respect of similar goods, namely, antibacterial dry cough syrup. The Plaintiff thereupon served a cease and desist notice on Defendant No.1 and its manufactures, one M/s Origin Formulations Pvt. Ltd. Whilst Defendant





















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