JUDGMENT :

R.F. Nariman, J.

1. Leave granted.

2. The present Appeal arises from a Suit that was filed based on both infringement and passing off. However, at the time of the argument on the interim injunction before the learned Single Judge, the arguments were confined to passing off only.

3. The skeletal facts necessary to decide this Appeal are that the Plaintiff/Respondent has a trade mark called “CHYMORAL” and “CHYMORAL FORTE”, which is a drug administered post-surgically for swellings that may arise and/or wounds that may arise. It is interesting to note that the expression “CHYMO” comes from the generic name of the drug which is CHYMOTRYPSIN-TRYPSIN. The learned Single Judge ultimately found, after a copious reference to the facts and case law, as follows:-

“45. In the present case, I am not satisfied that any of these tests are met. Reputation as to source is not sufficiently demonstrated. The rival products have long co-existed and I cannot and will not presume misrepresentation by Wockhardt as to source, even assuming there is similarity. There is no explanation at all for Torrent’s past conduct and the inaction with knowledge, or deemed knowledge, of Wockhardt’s trade mark reg