JUDGMENT

C. Hari Shankar, J.

I.A.351/2023 (under Order XXXIX Rules 1 and 2 of the CPC)

The lis

1. COBADEX is registered, under the Trade Marks Act, 1999, as a word mark in favour of the plaintiff in Class 5, for pharmaceutical goods, with effect from 18th July 1958. The plaintiff alleges that the defendant is using the mark COMODEX which infringes the plaintiff's registered COBADEX mark. The fact that the defendant uses the tag-on 'PLUS', with COMODEX, according to the plaintiff, makes no difference. The infringement remains.

2. The plaintiff alleges that the infringement is compounded by the use, by the defendant, of a trade dress which is identical to the trade dress of the plaintiff. These are the rival trade dresses, as provided with the plaint:

I will be referring, in this order, to these packs as 'Pack 1' of the plaintiff and the defendant respectively.

Rival Submissions

3. Submissions of Mr. Dushyant Mahant:

3.1. Mr. Dushyant Mahant, learned Counsel for the plaintiff submits that the trade dress, as well as the brand name, of the defendants' product are so deceptively similar to those of the plaintiff that they disclose a clear cas