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2014 Supreme(Del) 1495

MANMOHAN SINGH
Walter Bushnell Pvt. Ltd. – Appellant
Versus
Miracle Life Sciences – Respondent


Advocate Appeared
For the Plaintiffs:Amarjit Singh, with Vernika Tomar, Advocates.
For the Defendants:Dhananjay Kr. Jha, Advocate.

JUDGMENT

Manmohan Singh, J.

1. The present suit has been filed by the plaintiffs for permanent injunction restraining infringement of trademark, passing off, rendition of accounts of profits/damages, delivery etc. against the defendant. By this order, I propose to decide two pending applications i.e. I.A. No. 1871/2013 (Order 39 Rule 1 and 2 CPC) and I.A.No.2706/2014 (Order 39 Rule 2A CPC).

Case of the plaintiffs

2. Plaintiff No.1 is engaged in the business of pharmaceutical products since past several decades. Plaintiff No.2 has been manufacturing and selling various pharmaceutical products, one of them being under the trade mark DROTIN. Plaintiff No.3 is engaged inter alia in buying and selling the pharmaceutical goods manufactured by plaintiff No.2 including DROTIN. The plaintiffs are the leading pharmaceuticals companies in India.

3. Plaintiff No.2 manufactures drugs under the trade mark DROTIN for and on behalf of the plaintiff No.1 under a non-exclusive license. Plaintiff No.2 adheres to all strict quality standards stipulated and monitored by the plaintiff No.1. The products of the plaintiffs under the trade mark DROTIN were first introduced in the Indian markets in the yea





































































































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