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2008 Supreme(Guj) 183

K.A.PUJ
TROIKAA PHARMACEUTICALS LTD. – Appellant
Versus
PRO LABORATORIES (P) LTD. – Respondent


Advocates appeared:
MR MIHIR THAKORE with MR YJ TRIVEDI for Plaintiff(s) : 1,
NOTICE SERVED for Defendant(s) : 1 - 2.
MR SANJAY A MEHTA for Defendant(s) : 1,

JUDGMENT

1. The plaintiff, namely, Troikaa Pharmaceuticals Ltd., has filed Regular Civil Suit No.2486 of 2007 in the City Civil Court at Ahmedabad praying for permanent injunction restraining the defendants, their servants, agents, dealers, distributors, stockists from manufacturing, marketing and using the impugned design registered under No.186992 in Class 28 on 16.10.2001 in respect of D Shape Tablet and/or any tablet, which is having similar shape and configuration or material reproduction of the plaintiff's registered design. The plaintiff has also prayed for permanent injunction restraining the defendants from printing, publishing, using, marketing, coping or imitating the impugned design of tablet, its drawings and parts thereof and restraining them from committing infringement of the design of the plaintiff. The plaintiff has also prayed for direction to the defendants to pay the sum of Rs.50,000/- for the damage caused to the plaintiff on account of infringement of the plaintiff's registered design and also order the defendants to render true and correct account of the goods manufactured and sold by the defendant after notice and after verifying the same, to pass a decree






























































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