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2002 Supreme(Mad) 1598

P.THANGAVEL
USV Limited – Appellant
Versus
IPCA Laboratories Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sudhir Thatte, Manager-Legal and Constituted Attorney
For the Respondents: Director of the Defendant

JUDGMENT :

P. Thangavel, J.

1. This is an application filed under Order XIV Rule 8 of Original Side Rules read with Order XXXIX Rules 1 and 2, and Section 151 of Civil Procedure Code to grant ad-interim injunction restraining the respondent and its distributors, stockists, servants, agents, retailers and representatives from in any manner manufacturing, selling, offering for sale, stocking, advertising or dealing directly or indirectly in medicinal preparations under the trade mark PIOZED or any other trade mark which is identical with and/or deceptively similar to the trade mark PIOZ of the applicant so as to pass off the respondent's preparations as and for the preparations of the applicant or in any other manner whatsoever connected with the applicant till the disposal of the suit.

2. The applicant is the plaintiff and has filed the suit against the respondent, who is the defendant for a permanent injunction restraining the respondent from passing off their medicinal preparations under the trade mark PIOZED as and for the applicant's medicinal preparations having the trade mark PIOZ and for other consequential relief. The applicant is carrying on the business as manufacturer and d

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