( 1 ) THIS order shall dispose of the application registered as I. A. 4626/2002, which is filed by the plaintiff under Order 39 Rules 1 and 2 of the Code of Civil Procedure praying for grant of a temporary injunction in favour of the plaintiff and against the defendants restraining passing off of the goods of the defendants as that of the plaintiff under the trademark LIPICOR.

( 2 ) THE plaintiff herein adopted the trademark LIPITOR for a pharmaceutical product containing atorvastatin calcium which is a synthetic lipid lowering agent and an important medicine for the treatment of cardio-vascular diseases especially for reducing cholestrol. The aforesaid trademark of the plaintiff is registered in several countries. The plaintiff is not so far in the Indian market with the aforesaid drug. It is, however, stated that although the plaintiff has not commenced marketing and selling its product LIPITOR in India yet by virtue of extensive use of the said drug under the trademark LIPITOR worldwide, the trademark LIPITOR has become very closely associated with the goods of the plaintiff by enjoying trans-border reputation. It is also contended that the application of t