1. IA 4555/2007 has been filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as the ‘CPC’) by the plaintiffs seeking an ad-interim injunction restraining the defendant from using the mark ‘TEMOKEM’ in respect of the pharmaceutical product — Temozolomide — on the ground that the mark ‘TEMOKEM’ is deceptively similar to the plaintiffs’ registered trademarks ‘TEMODAL’ and ‘TEMODAR’ in relation to the very same pharmaceutical product — Temozolomide. IA No. 6041/2007 has been filed under the provisions of Order 39 Rule 4 CPC by the defendant seeking the vacation of the ex parte order passed in IA No. 4555/2007 on 23.04.2007 whereby the defendant was restrained from launching /using, advertising, promoting, stocking, offering for sale or distributing or otherwise using the trademark

relation to drugs used for treatment of brain cancer. The plaintiffs seek the confirmation of the order dated 23.04.2007 till the disposal of the suit and the defendant seeks the vacation of the same.

2. The case of the plaintiffs is that their predecessor synthesized the compound Temozolomide in 1984. Through 15 years of research and develo