(June 30, 2001) 2001 (TLS)125319

2001-DLT-93-346 :: 2001-AD (Del)-6-836

B. L. AND COMPANY Vs. Pfizer Products Incl.

MANMOHAN SARIN

( 1 ) THE appellants have preferred this appeal, assailing the ex parte order dated 1/6/2001, passed by the learned Single Judge by which the appellants have been restrained from manufacturing, marketing their medicinal product penerra . The ex parte order had been passed on the application of the respondent under Order xxxix Rules 1 and 2 CIVIL PROCEDURE CODE in a suit for injunction and damages for passing off, instituted by the respondent. The operative part of the order dated 1/6/2001 is as under:

"i am satisfied that the plaintiff has made out a case for ex parte injunction. The defendants, its directors, principals, proprietors, franchises, representatives and assigns are restrained from producing, manufacturing, advertising, promoting, displaying for sale, offering for sale, sale, or distributing any articles of merchandise, or for any purposes whatsoever, the trade mark VIAGRA or any colorable imitations thereof or any mark confusingly or deceptively similar thereto, with the blue trade dress including the distinctive blue diamond