CIPLA LIMITED Vs. M K PHARMACEUTICALS
HIGH COURT OF DELHI
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(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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