Lupin Limited sued Ovation Remedies for infringement and passing off of the registered marks L-CIN 250 and L-CIN 500 against the defendants' mark ELCIN-OZ. The court treated the defendants' letter and granted the notice of motion in their absence, alleging deceptively similarity.
Notice of motion made absolute on the prayers (a) and (b) for interim relief.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.1791 OF 2010
IN
SUIT NO.1801 OF 2010
Lupin Limited
....Plaintiff
V/s.
Ovation Remedies & Anr. ....Defendants
Mr.Amit Jamsandekar i/b India Law Services for the Plaintiff.
None for the Defendants.
CORAM : S.J. VAZIFDAR, J. DATE : 10TH JUNE, 2011.
P.C. :-
2
nms1791-10
marks.
“7. It is only the initial stage of launching the product by our client and there is no intention of any infringement or passing off.
We hope that this will satisfy you and you will drop the case filed against us.”
The defendants however, are absent today.
terms of prayers (a) and (b).
1 issue framed by the court
Whether the notice of motion in the suit for infringement and passing off should be made absolute in absence of the defendants.
1 provisions across 1 enactments
S.J. VAZIFDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
