IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.09.2021 CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.24 of 2013 Cadila Healthcare Limited, a Company registered under the Provisions of the Companies Act, 1956 and having its Registered Office at 'Zydus Tower', Satellite Cross Road, Ahmedabad – 380 015 and having Branch Office at First Floor, New No.24, Old No.16, Dr.Subbarayan Nagar, 4^th Street, Kodambakkam, Chennai – 600 024.

Represented by General Manager (Legal), Mr.Mehul A.Pathak ...Plaintiff Vs.

M/s.TCF Pharma Lab Pvt. Ltd., F-4, Annanagar East, Chennai – 600 102, Tamilnadu. ...Defendant Prayer: Plaint filed under Order VII Rule 1 of the Civil Procedure Code r/w. Order IV Rule 1 of the Original Side Rules and Section 27, 134 and 135 of the Trademarks Act, 1999, praying as follows:-

a) granting a permanent injunction, restraining by an order of perpetual injunction, the Defendant, its Directors, their employees, agents, stockists, dealers or others directly or indirectly involved, from in any manner using in relation to any medicinal or pharmaceutical preparation, in manufacturing or marketing the pharmaceutical product bearing the trademark LEVOZYNE or any other trademark which is deceptively or confusingly similar to the plaintiff's registered Trade Mark LEVODAY No.1023745 in Class 05.

b) granting a permanent injunction, restraining the Defendant, by themselves, their servants, agents, men, or anyone claiming through them from manufacturing, marketing, distributing, offering or advertising for sale any pharmaceutical preparation using the Trade Mark LEVOZYNE or any other name which is in any way phonetically or deceptively similar to the Plaintiffs Trade Mark LEVODAY and pass off their pharmaceutical preparation as the pharmaceutical preparation of the Plaintiffs or enable others to pass off in any manner.

c) direct and decree the Defendant to deliver to the Plaintiff all the goods, dies, labels, wrappers, packages, cartons, boxes, articles, literature and all other materials bearing reference whatsoever with respect to the offending trademark LEVOZYNE for destruction without compensation.

d) the Defendant be ordered and directed to render true and faithful accounts of the profits illegally earned by the Defendant by using the deceptively similar and confusing trade name LEVOZYNE and a decree for the said amount be passed in favour of the plaintiff against the Defendant.

e) directing the Defendant to pay to the Plaintiffs the costs of the suit.

For Plaintiff : Mrs.Gladys Daniel

J U D G M E N T

Mrs.Gladys Daniel, learned counsel appearing for the plaintiff would seek permission to withdraw the suit with liberty to file a fresh suit, if there is a future cause of action. She has also filed a memo to that effect. The said memo is taken on record and this suit is dismissed as withdrawn with liberty to file a fresh suit, if there is a future cause of action. No costs.

Consequently, connected applications, if any, are closed.

23.09.2021 kkn Internet:Yes/No Index:Yes/No Speaking/Non-Speaking List of witness and documents filed on the side of the plaintiff:

Nil List of witness and documents filed on the side of the defendant:

Nil

23.09.2021 kkn R.SUBRAMANIAN, J.

KKN

23.09.2021