Prabha Sridevan, J.

The plaintiff is the appellant. The suit was filed for an injunction restraining the respondents from infringing the registered trade-mark VENIZ by use of deceptively similar trademark VENZ or any mark deceptively similar to that of the plaintiff and for other reliefs.

2. The plaintiff carries on the business of manufacturing medicinal preparations. It is an established and well known pharmaceutical company marketing drugs and formulations since 1983. According to the plaintiff, such preparations are sold all over the country on an extensive scale. The plaintiff claims that in the speciality therapy areas like Psychiatry, Neurology and Cardiology, it is one of the top three companies. The plaintiff manufactures medicines for treatment of major depressive, generalize anxiety, social anxiety, panic disorders and various other disorders requiring antidepressant medicines. In the year 2000, the plaintiff had applied to the Drug Controller for permission to manufacture Venlafaxine Extended Release (XR) Capsule for treatment of major depression disorders under the trademark VENIZ. Upon receipt of license, the plaintiff commenced manufacture of the medicinal