CIPLA LIMITED Vs. M K PHARMACEUTICALS
LAWS(DLH)-2007-7-268
HIGH COURT OF DELHI
Decided on July 23,2007

CIPLA LIMITED Appellant
VERSUS
M.K. PHARMACEUTICALS Respondents

JUDGEMENT

- (1.) By this application under O. 39 Rules 1and2 CPC, plaintiff has sought interim injunction against the defendant that defendant be restrained from marketing/ selling its product "NORFLOXACIN" in oval shape, orange colour tablets in blister packagings.
(2.) The case of the plaintiff is that plaintiff has been manufacturing "NORFLOXACIN" Tablets under trade name 'NORFLOX-400' and the plaintiff had been marketing these tablets in blister packing. Tablets of the plaintiff were having oval shape and orange colour.
(3.) It is not the case of the plaintiff that the defendant has copied the trade mark of the plaintiff and was marketing its tablets under the trade mark "NORFLOX- 400". It is undisputed that defendant was using generic name of medicine and was within its right to do so. The contention of the plaintiff is that copying of colour of the tablets, shape of the tablets and blister packaging was causing confusion in the minds of the consumers and the medicine of the plaintiff can be passed off as medicine of the defendant.;


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