JUDGEMENT
Mukta Gupta, J. -
(1.)I.A. 8731/2019 (u/O 39 R 1 & 2 CPC)
Plaintiff has filed the present suit inter-alia seeking a decree of permanent injunction against the defendants, its directors, assignees, distributors, dealers, etc., restraining them from manufacturing selling, offering for sale, advertising, directly or indirectly dealing in medicinal preparation under the impugned mark ANADAY or any other similar trademark which is deceptively similar to the plaintiff's trademark AMADAY amounting to infringement of its registered trademark Nos. 747783, 1305303 and 1518017, delivery of the infringing goods including impugned packaging, dyes, etc., and cost.
(2.)Case of the plaintiff in the suit is that the plaintiff is dealing in the medicinal and pharmaceutical product under the mark AMADAY which is used for treatment of high blood pressure, heart disease and the defendant is selling its drug under the name ANADAY which is deceptively similar to the plaintiff's well-known registered trademark and amounts to infringement of the plaintiff's rights in its trademark; even though the drug produced and sold by the defendant under the trademark ANADAY is used for treatment of breast cancer.
(3.)As per the plaintiff, plaintiff first obtained the title in the trademark AMADAY by its first application bearing No. 747783 on 10th July, 1997 and thereafter started using the said trademark AMADAY from 2001. On 4 th February, 2008 defendant filed its application bearing No. 1649587 for the impugned mark ANADAY which was duly opposed by the plaintiff and the defendant did not pursue the said application and vide order dated 15th March, 2016 of the Trade Mark Registry, the same was declared abandoned. On 8th October, 2016 defendant filed another trademark application for registration of the trademark ANADAY vide application No. 3384539 in Class 5 which is currently pending. In the third week of June, 2019 the representative of the plaintiff came across defendant's medicinal preparation AMADAY at Delhi, and hence the suit.
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