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2018 Supreme(Mad) 3156

M.SUNDAR
MMC PHARMACEUTICALS LIMITED – Appellant
Versus
MEDICURE LIFE SCIENCES INDIA PVT LTD – Respondent


Advocates:
Advocate Appeared:
Gladys Daniel, Adv.

JUDGMENT

M. Sundar, J.

There is a sole plaintiff and there is a lone defendant in the instant suit.

2. Jurisdiction of this Commercial Division qua this suit was determined on 20.09.2018 and the proceedings read as follows:

"Ms.Gladys Daniel, learned counsel on record for sole plaintiff is before this Commercial Division.

2. There is a sole defendant and the sole defendant has been duly served with suit summons on 22.06.2018, as per the cause list that has been placed before me. Name of the sole defendant is shown in the cause list, but none appears.

3. Therefore, I proceed to hear learned counsel for plaintiff on jurisdiction of this Commercial Division.

4. Learned counsel for plaintiff points out that this suit pertains to a complaint of infringement of plaintiff's trademark by the defendant. It is also pointed out that the trademark is registered and the mark is 'Medineuron' pertaining to pharmaceutical product. It is submitted that besides infringement, there is a complaint of passing off also.

5. In the light of the aforesaid scope of the plaint, Sub-Section (1) of Section 134 o




















































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