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2003 Supreme(Del) 321

P.C.JAIN
EAST AFRICAN (I) REMEDIES PRIVATE LIMITED – Appellant
Versus
WALLACE PHARMACEUTICALS LIMITED – Respondent


Advocates Appeared:
NIL MASON, RAJIV GUPTA

R. C. JAIN, J.

( 1 ) PLAINTIFF-COMPANY has filed this application under Order XXXIX Rules 1 and 2 read with Section 151 CPC seeking an ad interim injunction for restraining the defendants, their servants, reatailers, stockists, distributors, representatives and agents from manufacturing, selling, offering for sale, stocking, advertising, directly or indirectly dealing in pharmaceutical preparations under the trademark `revox or any other trademark identical with or deceptively similar to the trademark `rivox of the plaintiff.

( 2 ) THE relevant facts for the purpose of disposal of the application are that the plaintiff has filed a suit for permanent injunction, passing off, damages and delivery up etc. against the defendants with the averments and allegations that it is a private limited company engaged in the business of manufacturing and marketing pharmaceuticals for the last about 16 years and is a reputed company in the pharmaceutical trade. Out of many well known trademarks of the plaintiff-company, the trademark `rivox was adopted and used by the plaintiff since the year 1990 in respect of a life saving drug, i. e. `amoxycilline . The plaintiff has also applied for registr


























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