JUDGMENT (Oral)

CS(COMM) 665/2021 & IA 6517/2023 (Order XIII-A, Rule 3 & 6(1)(A) read with Section 151 of the CPC)

1. So stark a case of infringement and passing off is the present, that this Court does not find it surprising that the defendants ultimately chose not to continue to prosecute their defence against the suit.

2. The plaintiff manufactures and sells rosuvastatin tablets, for treating of high cholesterol levels, under its registered trademark 'ROSEDAY'. The defendants also manufacture and sell rosuvastatin tablets under the brand name 'ROSUDAY'. The plaintiff seeks, therefore, by the present suit, an injunction against the defendants from using the impugned mark 'ROSUDAY'. The defendant had applied for registration of its 'ROSUDAY' trademark, but it does not appear that it has succeeded in securing registration as the Registry, citing the plaintiff's ROSEDAY trademark, objected to the defendants' application under Section 11(1)^{1[11. Relative grounds for refusal of registration. -(1) Save as provided in Section 12, a trade mark shall not be registered if, because of-- (a) its identity with an earlier trade mark and similarity of goods or services covered by the trade ma}