JUDGMENT : 03.06.2010 Introduction

1. The Plaintiff, which is the manufacturer of an Ayurvedic medicine "Liv.52", seeks a permanent injunction restraining infringement of its said trademark by the Defendant which is manufacturing a Homeopathic drug "LIV-T".

2. The case has been entirely presented and argued as a suit for infringement. The incidental reliefs are for delivery up of all the infringing goods and rendition of accounts by the Plaintiff.

Pleadings

3. The Plaintiff is a registered partnership firm engaged in the business of manufacturing and marketing Ayurvedic medicinal preparations and formulations since 1930. It claims to have gained tremendous reputation in the field of medicine and amongst consumers through large-scale advertising, extensive sales and innovative promotional schemes. Liv.52 is stated to be among several well-known ayurvedic medicines manufactured and marketed by the Plaintiff.

4. Liv.52 is a liver tonic prescribed for liver disorders. It is further advised for promoting appetite and growth, the two biological phenomenon directly related to liver. It is stated that the trademark "Liv.52" is a coined mark. According to the Plaintiff, the prefix "Liv" has n

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