JUDGMENT

I.A. 9647/2022

1. This application, under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC'), has been filed by the plaintiff praying for an order of a temporary injunction restraining the defendants, their proprietors, principal officers, directors, servants, representatives and agents or any of them, from manufacturing, marketing or selling pharmaceutical and medicinal preparations under the mark ZOYPOD or any deceptively similar variant of the plaintiff's registered trademark ZIPOD either as a standalone mark or as a prefix mark or in any manner whatsoever amounting to an infringement of the plaintiff's registered trademark ZIPOD or passing off their pharmaceutical preparations as those of the plaintiff.

PLAINTIFF'S CASE:

2. It is the case of the plaintiff that the trade mark 'ZIPOD' was conceived by the plaintiff in the year 2004 and has been in use since 2007 in respect of cefpodoxime based antibiotic and antibacterial preparations. The preparation is used to treat conditions like pneumonia, sinu