ORDER Allowed, subject to just exceptions. Applications stand disposed of. I.A. No.13364/2008 in C.S. (OS) No. 2305/2008 This is an application made by the plaintiffs under Section 149 read with Section 151, crc for deficient Court fees. Deficiency be made good within one week. Application stands disposed of. C.S. (OS) No. 2305/2008 Suit be registered. Summons of the suit be issued to the defendants by ordinary process as well as registered post on filing of process fee and registered A.D. cover, returnable on 22nd April, 2009. I.A. No. 13361/2008 This is an application accompanying the suit made by the plaintiffs under Order 39 Rules 1 and 2, crc seeking ex parte ad i11terim injunction against the defendants from using their product under the trade mark Bepronate-N which, according to the plaintiffs, is deceptively similar to the plaintiffs trade mark Betnovate-N. 2. It is urged that the plaintiffs have been in pharmaceutical business for decades and have been manufacturing various medicinal products including the Betnovate-N since 1963 and that the trade mark Betnovate-N is duly registered with the Registrar of Trade Marks. Certificate of registration in this regard has been shown to me. 3. It is further urged that by virtue of long user besides registration of their trade mark, the plaintiffs have acquired enormous reputation in respect of this medicinal product as a result of which the plaintiffs have acquired ownership right in this product with trade mark Betnovate-N. It is further urged that the sale of this product runs into crores of rupees. It is being widely used by the public at large. 4. According to the plaintiffs, the defendants have recently hit upon their trade mark by using similar trade mark Bepronate-N. 5. I have heard learned Counsel for the plaintiffs and also looked into various documents filed by the plaintiffs in this regard including the registration certificate and turn over regarding this product which finds place at paras 10 and 11 of the plaint. I have also made comparison of the two products; one of the plaintiffs and other of the defendants. fam of the prima facie opinion that a man with ordinary prudent is likely to be deceived while purchasing the product as two trade marks are quite similar to each other and there is every likelihood of the general public being deceived while purchasing the goods of the defendants.
fam of the prima facie opinion that a man with ordinary prudent is likely to be deceived while purchasing the product as two trade marks are quite similar to each other and there is every likelihood of the general public being deceived while purchasing the goods of the defendants. There is further likelihood that while purchasing such goods under the trade mark Bepronate-N, the public is likely to come under an impression as if such product is that of the plaintiff. 6. The plaintiffs have been able to make out a good case for ex parte ad interim injunction as not restraining the defendants at this juncture would be detrimental to the plaintiffs not only in terms of monetary loss but also in terms of their reputation in the market, therefore, such activities must be curbed at the earliest. Accordingly, the defendants and their representatives are restrained from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in medicinal products or other related goods or doing any other thing so as to cause confusion or deception amounting to passing off the goods under the trade mark Bepronate-N or under any other mark deceptively similar to the plaintiffs trade mark Betnovate-N. Compliance of Order 39 Rule 3, CPC be made within 10 days. Ordered accordingly.