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DELHI HIGH COURT
S.P.GARG
MERCK Kgaa – Appellant
Versus
Emil Pharmaceutical Industries Pvt. Ltd. – Respondent


JUDGMENT

S.P. Garg, J. The plaintiffs have filed the present suit for permanent injunction restraining infringement of trademark and rendition of accounts, damages and delivery up, etc. against the defendant with the following prayers:

    "a. A decree for permanent injunction restraining the Defendant, by himself, his servants, agents, assigns, etc. from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in pharmaceutical and medicinal preparations under the trade mark "COZOLE" or any other trade mark identical, deceptively and/or confusingly similar to the trademark "COSOME" so as to infringe plaintiffs' trademark registration No. 147029.

    b. A decree for delivery of all the impugned products as complained of herein above and all blocks, dies and all such articles employed by Defendants in applying the trademark "COZOLE" to the offending goods to an authorized representative of the Plaintiffs for destructions/erasure.

    c. An order for rendition of accounts of profit illegally earned by the Defendant and a decree for an amount so found due or in the alternative, a decree of Rs. 20,05,000/- towards damages compensation including conversion damages may

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