JUDGMENT :

(Prayer: Plaint filed under Order IV Rule 1 of the ORIGINAL SIDE RULES and Order VII Rule 1 of the C.P.C. read with Sections 27 , 28, 29, 134 and 135 of the Trademarks Act, 1999 for the following reliefs:

(a) A permanent injunction restraining the Defendant, its distributors, stockists, servants, agents, retailers, legal representatives, job-workers, manufacturers 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 Plaintiffs registered trademark AMIXIDE by use of deceptively similar trademark KIMIXIDE or any mark deceptively similar to Plaintiff's registered trademark AMIXIDE or in any other manner whatsoever;

(b) A permanent injunction restraining the Defendant, its distributors, stockists, servants, agents, retailers, legal representatives job-workers, manufacturers 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 under the trademark KIMIXIDE or any other trademark that