JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present suit has been filed by the Plaintiff - Sun Pharma Laboratories Ltd. seeking protection of its trademark `OXIPLAT', which is used by the Plaintiff for marketing pharmaceutical preparations comprising Oxaliplatin. The case of the Plaintiff is that it is a wholly owned subsidiary of Sun Pharmaceutical Industries Limited, which is one of the top five pharma companies of India and was set up in the year 1983. The Plaintiff is a spin off of the parent company, which is stated to have been set up as a domestic formulation division of the parent company.

3. The mark `OXIPLAT' was coined by the Plaintiff in April, 2001 and has been used for medicinal preparations consisting of Oxaliplatin, which is used in treatment of cancer of colon and rectum. The said drug is said to work by stopping or slowing down the growth of cancer cells. The mark `OXIPLAT' of the Plaintiff is registered and the details of the registration are set out herein below: