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2021 Supreme(Mad) 1960

Sun Pharma Laboratories Limited, Rep by its Authorized Signatory Chandra Nahata – Appellant
Versus
D. D. Pharmaceuticals Private Limited, Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff :Arun C. Mohan, Advocate.
For the Defendant :R. Sathish Kumar, Advocate.

JUDGMENT :

(Prayer : Plaints filed under Order IV Rule 1 of the Original Side Rules and Order VII Rule 1 of the Code of Civil Procedure read with Sections 27, 28, 29, 134 and 135 of the Trade Marks Act, 1999, praying for the following judgment and decree:-

in CS 687 of 2014

a. A permanent injunction restraining the defendants, their manufacturers, distributors, stockists, servants, agents, wholesalers, retailers, legal representatives or any other person claiming under it from in any manner manufacturing, selling, offering for sale, stocking, advertising directly or indirectly dealing in medicinal and pharmaceutical preparations infringing plaintiff's registered trademark BUPRON by use of almost identical trademark BUPRO or any mark identical or similar to Plaintiff's registered trademark BUPRON or in any other manner whatsoever;

b. A permanent injunction restraining the defendants, their manufacturers, distributors, stockists, servants, agents, wholesalers, retailers, legal representatives or any other person claiming under it from in any manner manufacturing, selling, offering for sale, stocking, advertising directly or indirectly dealing in medicinal and pharmaceutical preparations

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