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HIGH COURT OF BOMBAY
Manish Pitale, J
Sun Pharmaceutical Industries Ltd. – Appellant
Versus
Satej M. Katekar – Respondent
| Table of Content |
|---|
| 1. plaintiff's registered sun marks with extensive prior use. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. defendant claims honest adoption, exports only, no infringement. (Para 7 , 8) |
| 3. issues on infringement, passing off, common trade, acquiescence. (Para 9) |
JUDGMENT :
. The plaintiff-Sun Pharmaceutical Industries Ltd. has filed this suit, seeking a decree of permanent injunction to restrain the defendant from using the impugned trade mark/trade name ‘ABSUN’/ ‘ABSUN PHARMA’ on the ground that it infringes upon the registered trade mark/house mark of the plaintiff ‘SUN’/ ‘SUN PHARMA’. The plaintiff has also sought a decree of permanent injunction restraining the defendant from using the impugned mark ‘ABSUN’/ ‘ABSUN PHARMA’, so as to pass off its goods as those of the plaintiff. The plaintiff has further sought similar decree of permanent injunction regarding infringement and passing off concerning the use of trade mark ‘E-MIST’ used by the defendant in the context of the registered trade mark ‘EYEMIST’. The plaintiff has further claimed damages.
2. The controversy in the present suit is now limited to the marks ‘SUN’/ ‘SUN PHARMA’ versus ‘ABSUN’/ ‘ABSUN PHARMA’, for the reason tha
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