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DELHI HIGH COURT
VIBHU BAKHRU, AMIT MAHAJAN
Sun Pharmaceutical Laboratories Ltd. – Appellant
Versus
Hetero Healthcare Ltd. – Respondent
| Table of Content |
|---|
| 1. claim of trademark infringement and passing off. (Para 3 , 4 , 6 , 9 , 10) |
| 2. arguments against trademark exclusivity based on inn. (Para 12 , 13 , 14 , 15 , 16) |
| 3. court's assessment of interim injunction denial. (Para 18 , 19 , 21 , 22 , 23) |
| 4. principles regarding appellate discretion and interlocutory orders. (Para 27 , 28 , 35 , 46 , 47) |
| 5. final decision dismissing the appeal. (Para 49 , 50) |
JUDGMENT
Amit Mahajan, J.
1. The appellant, Sun Pharmaceutical Laboratories Ltd. (hereinafter referred to as `SUN'), has filed the present appeal impugning an order dated 29.04.2022 (hereinafter referred to as the `impugned order') passed by the learned Commercial Court.
2. The learned Commercial Court, by way of the impugned order, dismissed SUN's application under Order 39 Rules 1 & 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as `the CPC') in the suit bearing no. CS DJ (Comm.) No.300/19.
3. SUN had filed the suit, inter alia, alleging infringement of its trademark `LETROZ' and passing off and seeking a decree of permanent injunction restraining the respondent (defendant) from using the trademark `LETERO', in respect of the pharmaceutical product
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