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2004 Supreme(Del) 678

R.C.CHOPRA
REDDYS LABORATORIES LTD – Appellant
Versus
REDDY PHARMACEUTICALS LIMITED – Respondent


Advocates Appeared:
A.N.HAKSAR, HEMANT SINGH, Neel Mason, RAJIV NAYAR, Shweta Prasad

R. C. CHOPRA, J.

( 1 ) THIS order shall dispose of IA No. 11847/2003 under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure and IA No. 302/2004 under Order XXXIX Rule 4 read with Section 151 of the Code of Civil Procedure.

( 2 ) THE facts relevant for the disposal of these two applications, briefly stated, are that the plaintiff, a Company engaged in the manufacture and sale of pharmaceutical products for the last over 19 years and having even overseas operations is marketing its products under the trade mark "dr. Reddy s". The plaintiff alleges that a logo representing a man with outstretched arms and word mark "dr. Reddy s"was created in April, 2001 which was an original artistic work within the meaning of Section 2 (c) of the Copyright Act. It was formally assigned to the plaintiff in December, 2002 and as such the plaintiff being the proprietor of the copyright is entitled to exclusive use thereof. The plaintiff has already applied for the registration of the trade mark in various countries including India. The registration process in Romania has already been completed. In para 6 of the plaint details of various subsidiaries owned by the plaintiff


















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