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1997 Supreme(Del) 314

M.K.SHARMA
CADILA LABORATORIES LIMITED – Appellant
Versus
DABUR INDIA LIMITED – Respondent


Advocates Appeared:
B.RANA, BHAGVATI PRASAD, BINNI KALRA, C.M.LAL, PARVIN ANAND, R.S.MITTAL

M. K. Sharma,j.

( 1 ) ACCORDING to the plaintiffs, in the year 1989, the first plaintiff coined a unique and unusual trade mark mexate in respect of its methotrexate sodium injections used in the treatment of various types of cancers. According to the plaintiffs, the said trade mark is an invented word of the first plaintiff and has no meaning whatsoever. It is stated that the plaintiff No. l is also a registered proprietor of the said trade mark mexate having been granted registration on 5. 12. 1989 and registered in Class V. The trade mark mexate , according to the plaintiffs, is being extensively used by the plaintiffs since as far back as in August 1991. It is stated that the plaintiffs received information around January, 1996 that the defendant has recently introduced in the market a product under the brand name zexate and the only difference between the plaintiff s registered trade mark mexate and the defendant s trade mark zexate is the letter m replaced by the letter z , and therefore, it is apparent that the defendant had adopted zexate only to take advantage of the goodwill and reputation of the plaintiff s product mexate which acquired a reputation in












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