JUDGMENT

Jayant Nath, J.

I.A. 102/2021

1. This is an application under Order 7 Rule 10 read with Order 7 Rule 11(a) and (d) CPC filed by the defendant seeking rejection of the plaint/return of the plaint to be presented before a court of competent jurisdiction.

2. The plaintiff has filed the accompanying suit seeking an order of permanent injunction to restrain the defendant, its directors, etc. from offering/providing healthcare services including pathology/diagnostic services, etc. under the name/mark DR. REDDYS as part of its domain name/website/trade name, etc. which amounts to infringement of the plaintiff's trade name/mark DR.REDDY'S which is a registered mark in class 5 and 44. Other connected reliefs are also sought.

3. It is the case of the plaintiff that the plaintiff's mark DR.REDDY'S is registered in India in class 5 since 2001. The plaintiff has also obtained various registrations of the mark DR.REDDY'S in class 5 and 44. In August 2020, the plaintiff's attention was invited by its representative to a website being operated under the name www.drreddyspathlabs.com. The plaintiff was shocked to learn about the illegal and unauthorised business activities of the defe