IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on Delivered on

18.08.2021 23.09.2021 CORAM THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.Nos.687, 703 and 704 of 2014, OA Nos.868 & 870 of 2014 and A.Nos.5519, 5520 & 5521 of 2019 in CS No.687 of 2014 Sun Pharma Laboratories Limited, 187, St. Mary's Road, Alwarpet, Chennai 600 018 Rep by its Authorized Signatory Ms.Chandra Nahata ... Plaintiff Vs

1. D.D.Pharmaceuticals Private Limited, G-1/583, Sitapura Industrial Area, RIICO, Tank Road, Jaipur 302 022, Rajasthan.

2, Lifecare Formulations Private Limited, Plot No.2 & 3, 91/5, Link Road, Sonia Gandhi Nagar Extension, Near Mettupalayam Industrial Estate, Mettupalayam, Puducherry 605 009. ... Defendants Sun Pharma Laboratories Limited, 187, St. Mary's Road, Alwarpet, Chennai 600 018 Rep by its Authorized Signatory Ms.Chandra Nahata ... Plaintiff Vs D.D.Pharmaceuticals Private Limited, G-1/583, Sitapura Industrial Area, RIICO, Tank Road, Jaipur 302 022, Rajasthan. ... Defendant Prayer : Plaints filed under Order IV Rule 1 of the Original Side Rules and Order VII Rule 1 of the Code of Civil Procedure read with Sections 27, 28, 29, 134 and 135 of the Trade Marks Act, 1999, praying for the following judgment and decree:-

in CS 687 of 2014 (a) A permanent injunction restraining the defendants, their manufacturers, distributors, stockists, servants, agents, wholesalers, retailers, legal representatives 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 plaintiff's registered trademark BUPRON by use of almost identical trademark BUPRO or any mark identical or similar to Plaintiff's registered trademark BUPRON or in any other manner whatsoever;

(b)A permanent injunction restraining the defendants, their manufacturers, distributors, stockists, servants, agents, wholesalers, retailers, legal representatives 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 BUPRO or any other trademark that is identical and/or deceptively similar as that of the plaintiff's registered trademark BUPRON and/or use similar packaging as that of the plaintiff's products under the mark BUPRON so as to pass off the defendants' medicinal preparations as and for the medicinal preparations of the plaintiff and/or in any other manner whatsoever connected with the plaintiff;

(c) the defendants be ordered to pay to the plaintiff a sum of Rs.1,00,000/-

as liquidated damages for committing acts as infringement against plaintiff's registered trademark so as to pass off its products as and for the plaintiff's products;

(d)the defendants be ordered and decreed to deliver up for destruction to the plaintiff all the preparations, dies, blocks, labels, packaging either filled or empty, brochures, leaflets, pamphlets, hand bills, hoardings, wall posters, calendars, carry bags, stationery items and such other sales promotional materials bearing and/or containing the impugned trademark BUPRO;

(e)A preliminary decree be passed in favour of the plaintiff directing the defendants to render accounts of profits made by it by use of the trademarks BUPRO which is identical and/or deceptively similar and a final decree be passed in favour of the plaintiff for the amount of profits found to have been made by the defendants after the latter have rendered accounts;

(f) for costs of the entire proceedings.

in CS 703 of 2014 (a) A permanent injunction restraining the defendant, their manufacturers, distributors, stockists, servants, agents, wholesalers, retailers, legal representatives 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 infr