JUDGMENT :

Sanjeev Narula, J.

The present suit concerns Plaintiffs' statutory and common law proprietary rights over the trademark ZENTEL and violation thereof by the Defendants on account of use of a deceptively similar mark FENTEL for identical pharmaceutical preparation.

CASE OF THE PLAINTIFF

2. The case as set out in the plaint is that the Plaintiffs (together and through their subsidiaries/affiliates world-wide), are engaged in the business of manufacturing and marketing a wide range of products, inter alia, pharmaceutical and medicinal preparations and health care products of high quality. Plaintiff No. 1 manufactures and markets various pharmaceutical products in India including, but not limited to, BETNOVATE, CEFTUM, FEFOL, ZENTEL etc. Plaintiff No. 2 (Smith Kline & French Laboratories Limited) is a company incorporated under the laws of the United Kingdom and involved in the business of manufacturing, fabricating, or processing of drugs in pharmaceutical preparations for human or veterinary use. Plaintiffs Nos. 1 and 2 are members of GlaxoSmithKline group of Companies of which GlaxoSmithKline Plc (hereinafter referred to as "GlaxoSmithKline") is the parent Company. GlaxoSmithK