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2015 Supreme(Mad) 2896

SANJAY KISHAN KAUL, T.S.SIVAGNANAM
Micro Labs Limited, Rep. , by its Company Secretary, Yogesh K. Shenoy – Appellant
Versus
Eris Life Sciences Pvt. , Ltd. – Respondent


Advocates:
Advocate Appeared:
For Appellant : Mr.Bharathkumar for M/s.Sai Bharath and Ilam
For Respondent: Dr.Venkat Reddy Donthi Reddy for M/s.R.V.S.R.Asso.

JUDGMENT

T.S.SIVAGNANAM, J.

These appeals are directed against the common order dated 07.11.2014, whereby the learned Single Judge allowed the application filed the respondent/defendant and rejected the plaint for want of territorial jurisdiction and consequently, held the Suit was not maintainable before this Court.

2. The plaintiff/appellant in these appeals, is a company engaged in the manufacture of medicinal and pharmaceutical products. The Suit was filed for a decree of permanent injunction to restrain the respondent/defendant from in any manner infringing the appellant's trade mark “OLAMIN” by manufacturing, marketing, distributing, offering or advertising for sale the defendant's products under the name and style of “OLMIN” or any other deceptively similar name and for a permanent injunction from in any manner manufacturing, marketing, distributing, offering or advertising for sale their product “OLMIN” or similar sounding names in the course of their business and pass off their products using the trademark “OLAMIN” or with additions as and for the goods of the plaintiff and for a mandatory injunction to direct the defendant to surrender all the infringing products, packing

























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