(AUGUST 21, 2001) 2001 (TLS)125625

2001-DLT-94-141 :: 2001-AD (Del)-6-756

KHANDELWAL LABORATORIES LIMITED Vs. FDC Limited

A. K. SIKRI

( 1 ) THE plaintiff is a company incorporated under the Indian Companies Act which is carrying on business, inter alia, of manufacturer and seller of pharmaceuticals and medicinal preparations. It claims to be a well known pharmaceutical company enjoying very high reputation for its products because of excellent quality and efficacy. Total turnover of plaintiff company for the year 2000-2001 was more than 35 crores. One of its drugs is under the Trade Mark CEFI. This medicine is used for the treatment of typhoid, lower respiratory Tract Infection, Urinary Tract Infection and Otitis Media and contains cefixime. The plaintiff has filed present suit for permanent injunction restraining, passing off, delivery of infringing goods, rendition or accounts etc. against the defendant with the allegations that in relation to same medicinal and pharmaceutical preparations defendant has adopted the Trade Mark ZIFI which is phonetically similar to that of plaintiff s Trade Mark cefi and, therefore, is bound to cause confusion in the minds of consumers