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2017 Supreme(Del) 2525

MANMOHAN
GALDERMA S. A. – Appellant
Versus
VELITE HEALTHCARE – Respondent


Advocates Appeared:
For the Plaintiff :Mr. Pravin Anand, Advocate with Mr. Raunaq Kamath, Advocate.

JUDGMENT :

MANMOHAN, J.

I.A. 8027/2017

1. Present application has been filed under Order VIII Rule 10 read with Order XIII-A Rules 3 and 6(1)(a) read with Section 151 CPC.

2. It is pertinent to mention that the present suit has been filed seeking a permanent injunction restraining infringement of trade mark, copyright, passing off etc. against the defendant. At the outset, learned counsel for plaintiff stated that he is pressing only prayers 27(a) to (c) of the plaint. The said prayers are reproduced hereinbelow :-

“27. It is, therefore, prayed that this Hon’ble Court may be pleased to grant :

(a) An order of permanent injunction restraining the Defendant, its proprietors, principal officers, servants, representatives, agents, affiliates, legal heirs, distributors and any other persons acting for and on its behalf from manufacturing, selling, distributing, exporting, advertising, promoting or otherwise dealing in pharmaceutical products, in any manner, under the impugned mark CATEVEL or any other mark similar to the Plaintiff trade mark CETAPHIL amounting to infringement of the Pla




































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