V.K. Jain, J.

1. The Plaintiff is a large pharmaceutical company manufacturing and marketing a number of medicinal products including a drug for urinary tract infection, which it is selling under the registered trademark NIFTRAN The word NIFTRAN is alleged to be a coined, unique and an invented word. The compound used in the drug NIFTRAN is Nitrofurantoin. The Plaintiff had a sale of Rs. 30.4 million, Rs. 42.9 million and Rs. 11.47 million in the year 2007, 2008 and first quarter of the year 2009 respectively from NIFTRAN alone. It claims to have incurred approximate expenses of Rs. 5.6 million, Rs. 5.2 million and Rs. 2.7 million respectively during the aforesaid period.

The Defendant No. 1 is manufacturing and marketing a drug under the trademark NIFTAS which is alleged to be similar/identical with the trademark NIFTRAN of the Plaintiff. NIFTAS also is prescribed in the treatment of urinary tract infection. The case of the Plaintiff is that the trademark NIFTAS has been adopted by the Defendant with the intention of encashing upon the goodwill and reputation in the trademark NIFTRON and is bound to cause confusion and deception amongst the purchasing public in the trade, wh