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2021 Supreme(Del) 714

ASHA MENON
FDC Limited – Appellant
Versus
TAS MED (India) Private Limited – Respondent


Advocate Appeared:
For the Plaintiff :Ms.Shwetasree Majumder, Mr. Prithvi Singh, Ms. Pritika Kohli and Mr. Prithvi Gulati, Advocates
For the Defendant :Mr. Ajay Sahni, Mr.Rahul Rajput, Mr.Shrey Gupta and Ms.Aastha Kakkar, Advocates

ORDER :

I.A. 7214/2021 (by the plaintiff under Order XXXIX Rules 1 & 2 read with Section 151 CPC for an ad-interim order of injunction)

1. This order will dispose of the application filed by the plaintiff seeking interim prayers of the following nature: -

    “a. Restraining the Defendants, its directors, principal officers, partners, servants, representatives and agents or any of them, from manufacturing, marketing or selling pharmaceutical and medicinal preparations under the mark CINZINE, CINZITAS or any deceptively similar variant of the Plaintiff’s registered trademark CINZAN or in any manner whatsoever amounting to an infringement of the Plaintiff’s registered trademark CINZAN;

b. Restraining the Defendant, its directors, principal officers, partners, servants, representatives and agents or any of them, from manufacturing, marketing or selling pharmaceutical and medicinal preparations under the mark CINZINE, CINZITAS or any deceptively similar variant of the Plaintiff’s registered trademark CINZAN or in any manner whatsoever, thereby passing off their pharmaceutical products as those of the Plaintiff;

c. That the above order may be granted ex-parte;

d. Any further order as this Hon’ble

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