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2020 Supreme(Del) 663

JAYANT NATH
Sun Pharma Laboratories Limited – Appellant
Versus
Bdr Pharmaceuticals International Pvt. Ltd. – Respondent


Advocates Appeared:
Hemant Singh, Advocate, Mamta Jha, Advocate, Wasee Shuaib Ahmed, Advocate, Tahir A J, Advocate, Dayan Krishnan, Advocate, Rishi Agarwala, Advocate, Niyati Kohlim, Advocate, Pranjit Bhattacharya, Advocate, Megha Bengani, Advocate, Akashi Lodha, Advocate, Sanjeevi Sheshadri, Advocate

JUDGMENT

Jayant Nath, J. - This suit is filed by the plaintiff seeking a decree of permanent injunction to restrain the defendants etc. from manufacturing, marketing, selling, offering for sale, advertising, directly or indirectly dealing in medicinal preparations under the impugned mark LULIBET or any other mark that may be visually, structurally or phonetically deceptively similar to the plaintiff''s trademark LABEBET amounting to infringement of registered trademark of the plaintiff. Other connected reliefs are also sought.

    2. The above matter came up for hearing on 4.1.2018 when the court passed the following order:-

      "Written statement of the defendant no.1 is taken on record.

        The suit is listed for framing of issues if any and for hearing of the application for interim relief.

          The counsel for the plaintiff and the senior counsel for the defendant no. 2 have been heard.

            The counsel for defendant No.1 adopts the arguments of the senior counsel for defendant No.2.

              The plaintiff has sued inter alia for permanent injunction restraining infringement of trade mark and passing off in relation to its medicinal preparation "LABEBET" by the defendants by adoption of the mark "LULIBET", al

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