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1984 Supreme(Online)(Del) 4

DELHI HIGH COURT
, J
Glaxo Operations Uk Ltd. Middlesex (England) and Others v. Samrat Pharmaceuticals Kanpur


1. Both these applications (L. As. 4538/82 and 664/83) are connected with the same suit No. 1596/82. The suit is for issue of perpetual injunction restraining the defendant, its servants and agents from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing with Glucose powder or any other medicinal or food preparation in cartons as are a substantial reproduction of or colourable imitation of the cartons of the product Glaxose - D and / or Glucon - D and from adopting an identical or deceptively similar colour combination, lay - out, get - up and arrangement of features as described in the plaint. In the suit it is also prayed by the plaintiffs that an order for rendition of accounts of profits illegally earned by the defendants by infringing the trade marks, copy rights and by way of passing off its goods and business as the goods and business of the plaintiff be made. They further pray for issue of a direction for delivery for the purpose of destruction of all the impugned material including the infringing copies of the cartons, labels, wrapping and packing materials etc.

2. Plaintiff No. 1 i.e. Glaxo Operations UK Ltd. is a company incorporated und














































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