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1998 Supreme(Del) 541

DEVENDER GUPTA, K.S.GUPTA
SENOR LABORATORIES LIMITED – Appellant
Versus
JAGSONPAL PHARMACEUTICALS LIMITED – Respondent


K. S. Gupta, J.

( 1 ) BY the order dated July 18, 1996 the learned Single Judge allowed I. A. 9918/1995 and dismissed I. As. 12447/1995 and 12451/1995. FAO (OS) No. 292/1996 is directed against the order in I. As. 9918/1995 and 12447/1995 while FAO (OS) No. 293/1996 against the order in I. A. 12451/1995. Since both the appeals arise out of a common order, we propose to dispose them of by this common order.

( 2 ). Suit for permanent injunction and rendition of accounts etc. was filed by M/s. Jagsonpal Pharmaceuticals Ltd. , plaintiff/respondent, inter alia, alleging that it is an established Company engaged in the business of manufacturing and marketing of medicinal and pharmaceutical preparations. Plaintiff adopted the trade mark SEFLOX on April 1, 1990 in respect of one of its pharmaceutical preparations and has been continuously using it upto this time. Plaintiff widely advertised the said trade mark through. different medias. It has now become distinctive and associated with the plaintiff on account of long, extensive and exclusive user thereof. In order to acquire statutory rights of the said trade mark plaintiff filed an application in the office of Trade Marks Registry at New













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