I.P.MUKERJI
Sirmour Remedies Private Limited – Appellant
Versus
Kepler Healthcare Private – Respondent
I.P. Mukerji, J.
Each of the plaintiff companies ("the plaintiff") is a pharmaceutical company. It sells various medicinal products under different brand names. They are a group. They call themselves the Mankind Group. The second defendant was the Sales Manager of their Ahmedabad division in Gujrat. The third defendant is his wife. The first defendant is a company promoted by the husband and the wife.
2. This defendant company started selling eleven or twelve medicinal products, under eleven different trade marks, in the market. Although the marks are eleven, the medicinal products are twelve. A table showing the twelve products and the eleven marks is set out below:
SAME COMPOSITION
Sr.No.
Kepler Brand Name
Kepler Composition
Mankind Group Brand Name
Mankind Group Composition
1
KEPODIL
Cefpodomime
KEPODIL
Cefpodoxime
2
KEPREB
Rabeprazole
KEPREB
Rabeprazole
3
D3FLOW
Vitamin D3
D3FLOW
Vitamin D3
4
KEPTRON
Ondansetron
KEPTRON
Ondansetron
5
TWAGIC
Aceclofenac Paracetamol
TWAGIC
Aceclofenac +
Paracetamol
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