JUDGMENT :

N. ANAND VENKATESH, J.

Prayer: Civil Suit has been filed under Order IV, Rule 1 O.S. Rules and Order VII, Rule 1 of the C.P.C. Read with Section 27, 134 and 135 of the Trade Marks Act, 1999, praying to pass a judgment and decree for: (a) granting a permanent injunction, restraining the defendant, by themselves, their servants, agents, men, or anyone claiming through them from manufacturing, marketing, distributing, offering or advertising for sale any pharmaceutical preparation using the Trade Mark ATORLITE or any other name which is in any way phonetically or deceptively similar to the Plaintiffs Trade marks ATOR and ATORVA and pass off their pharmaceutical preparation as the pharmaceutical preparation of the Plaintiffs or enable others to pass off in any manner. (b) direct and decree the Defendant to deliver to the Plaintiff all the goods, dies, labels wrappers, packages, cartons, boxes, articles, literature and all other materials bearing reference whatsoever with respect to the offending trademark ATORLITE for destruction without compensation. (c) The Defendant be ordered and directed to render true and faithful accounts of the profits legally earned by the Defendant b