( 1 ) I dispose of IA No. 3609/2005 filed by the plaintiff under Order 39 Rule 1 and 2, CPC praying that for the reasons stated in the affidavit accompanying the injunction application, the defendants, their representative agents, assigns, successors, dealers, servants be restrained by an interlocutory injunction restraining them from manufacturing, packing, selling, distributing, marketing, dealing with any product bearing the trade mark CORIMINIC or any other trade mark deceptively similar to the plaintiff s trade mark TRIAMINIC and/or TRIOMINIC and from using a packaging/ trade dress which is deceptively similar to the packaging/trade dress of the goods sold under the plaintiff s trade mark TRIAMINIC.

( 2 ) PLAINTIFF is a swiss company manufacturing and selling pharmaceutical preparations. First defendant is a company registered in India and upto 6. 9. 2004 was functioning as the distributor of the plaintiff in India. Second defendant, also a company registered in India is manufacturing a cough syrup for the first defendant. The syrup is being marketed under the trade mark coriminic. Plaintiff is manufacturing and selling cough syrup under the trade mark TR