IA 6604/2016 (u/O. 39 R. 1 & 2 CPC)

1. This civil suit (commercial) seeking permanent injunction against the defendant from infringement of its registered trademark “GABAPIN” and against passing off products as though that are the products of the plaintiff by using phonetically/visually similar mark “GABAMIN” was instituted in May 2016 impleading two defendants. On the application of the plaintiff (IA 705/2017) invoking order 1 Rule 10 of the Code of Civil Procedure, 1908 (CPC) allowed by order dated 18.01.2017, the name of the second defendant, however, has since been struck off from the array The suit and the application under Order 39 Rule 1 and 2 CPC (IA 6604/2016) thus are pressed against the surviving (erstwhile first) defendant, it being Macleods Pharmaceuticals Ltd., having its registered office in Mumbai but a branch office in Kirti Nagar, Delhi (hereinafter referred to as “the defendant”).

2. By the main suit, the plaintiff has taken exception to the adoption of the mark “GABAMIN” or its variation “GABAMIN NT” by the defendant in relation to its pharmaceutical (medicinal) products claimed to have been introduced in the market initially in June 2006, its active ingred