ASHA MENON
Hamdard National Foundation (India) – Appellant
Versus
SADAR LABORATORIES PVT. LIMITED – Respondent
ORDER :
I.A.12032/2020 (by the plaintiffs under Order XXXIX Rules 1 and 2 read with Section 151 CPC for grant of ad interim injunction)
1. This order will dispose of the application [I.A.12032/2020] under Order XXXIX Rules 1 and 2 CPC filed by the plaintiffs along with the suit seeking permanent injunction, restraining the defendant from infringing their registered trademarks and seeking protection against disparagement, dilution and tarnishment of trademarks, damage to reputation and tarnishment of brand equity and damages.
2. The plaintiff No.1 is Hamdard National Foundation (India), a charitable institution registered under the Societies Registration Act, 1860 and the plaintiff No.2 is Hamdard Dawakhana, also trading as Hamdard Laboratories (India) which is a business held in trust, earlier trading as Hamdard Dawakhana (Wakf). The Plaintiffs are engaged in the business of manufacturing and selling inter alia, Unani and Ayurvedic medicines, oils, syrups, and non-alcoholic beverages for over 100 years.
3. The defendant company/Sadar Laboratories Pvt. Ltd. since the year 1949, through its predecessor, M/s. Sadar Dawakhana, is also engaged in the business of manufacturing Unani medicine
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