This is a notice of motion seeking confirmation of an ad interim injunction regarding alleged trademark infringement. The court found a prima facie case and confirmed the interim order.
The notice of motion was made absolute in terms of the ad interim order dated 5th July, 2011.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NM No.3398 of 2011
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 3398 OF 2011 IN
SUIT NO. 2238 OF 2011
Medley Pharmaceuticals Ltd. ... Plaintiff
Versus
Rosehall Pharmaceuticals & Ors. ... Defendants
Ms. Melissa Paes i/by M/s. M.V. Kini & Co. for plaintiff.
None for Defendants.
CORAM : R.D. DHANUKA,JJ. DATED : JUNE 18, 2012
P.C.
The Plaintiffs have filed this suit for perpetual order of injunction restraining defendants, its officers, directors, servants, franchisees, agents subordinates, and all other persons acting for or on behalf of the defendants, from directly or indirectly, or in any manner using in relation to a medicinal or a pharmaceutical preparation, the impugned marks "ULTIZYME", "PROUP" & "MTOL" or any other mark/traded mark identical with and/or deceptively similar to the plaintiffs' registered
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trademarks "UTIZYME", "PROSUP" & "MISTOL", so as to infringe the plaintiff's registered trade mark. The plaintiffs have taken out notice of motion for injunction. By ad interim order dated 5th July, 2011 passed by my brother S.J. Vazifdar,J. strong prima facie observation was made in favour of the plaintiffs and against the defendants. The ad interim order was passed in terms of prayer clauses (a), (b) and (d). The defendants though served, have not filed any affidavit in reply. None appears for the defendants.
I have gone through the plaint and annexures. I am of the opinion that the prima facie case is made out for confirmation of the ad interim order passed by my brother Judge on 5th July, 2011. The notice of motion is therefore, made absolute in terms of ad interim order dated 5th July, 2011. There shall be no order as to costs.
R.D. DHANUKA,J.
R.D. DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
