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I.P.MUKERJI
Sirmour Remedies Private Limited – Appellant
Versus
Kepler Healthcare Private – Respondent


Advocates Appeared:
For the Petitioner:S.K. Kapoor, Senior Advocate, Mr. Pratap Chatterjee, Senior Advocate, Debal Banerjee, Senior Advocate, S.N. Mookerjee, Senior Advocate, Tilak Bose, Senior Advocate with Ranjan Bachawat, Debnath Gosh, Advocates.
For the Respondent:Ajay Kr. Gupta, Senior Advocate with Jatin Trivedi, Ankur Jain, Tejendra Singh Jhala, Nakul Sharadalal, Heera Jain, Kaninika Ghosh, Advocates.

JUDGMENT :

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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