E. Padmanabhan, J. - (1.)The plaintiff in C.S. No. 339 of 2001 has prayed for the following reliefs:- Granting permanent injunction restraining the defendants by themselves, their servants, agents or anyone claiming through or under them from manufacturing and selling and offering for sale the collyrium with the offending mark "EYE-TOP" or using the device mark in the carton as shown in document No. 3 in the plaint the registered trademark No. 124824 dated 11.09.1949 in any colour or any other trademark with the device of an eye or word eye or which is in any way deceptively or any other colourable imitation of the plaintiffs registered trademark Nos. 124824 dated 11.09.1949, 271583 dated 24.6.1971, 296914 dated 14.9.1974 or in any manner infringing the plaintiff registered trademark numbers referred above. (ii) granting a permanent injunction restraining the defendant by themselves, their servants, agents or anyone claiming through or under them from imitating the get up, colour scheme and the name "EYE-TOP" and passing off their goods M.O. No. 2 as the goods of the plaintiff's M.O. No. 1 herein. (iii) directing the defendants to render a true and faithful account o the profits earned by them through the manufacturing and sale of the offending "EYE-TOP" directing such profits to be paid to the plaintiffs byway of damages for the infringement and passing off committed by the defendants. And for other consequential reliefs.
(2.)Pending the suit the plaintiff filed Application No. 422 and 423 of 2001 seeking the relief of ad interim injunction restraining the respondent/defendant, their servants, agents or anyone claiming through or under them from manufacturing and selling, stocking and offering or advertising for sale the offending mark "EYE-TOP" or using the deice mark in the carton as shown in Document No. 3 in the plaint the registered trademark No. 124824 dated 11/9/1949 in any colour or any other trademark with the device of an eye or word eye or which is in any way deceptively or any other colourable imitation of the plaintiffs registered trade mark Nos. 124824 dated 11/9/1949, 271583 dated 24.6.1971, 296914 dated 14.6.1974 or in any manner infringing the plaintiff registered trade mark numbers referred above and also for an interim injunction restraining the respondent, their servants or agents or anyone claiming through or under them from imitating the get up, colour scheme and the name "EYE-TOP" and passing off their goods M.O. No. 2 as the goods of the plaintiff's M.O. No. 1 herein.
(3.)I. DAVID CHRISTIAN, J., as he then was, by order dated 27.4.2001, passed an order granting interim injunction in both the applications. The said order reads thus:-
"Petitioner is ARAVIND LABORATORIES, Chennai. The petitioner is manufacturing Pharmaceutical drugs including collyrium which is sold by the petitioner in the brand name "EYE-TOP". The petitioner is in the production of the Cosmetics and drugs for the past many years and he has also registered his trade mark and he obtained registration certificate in the year 1940 itself. His annual turnover has reached the level of Rs. 13 crores. The petitioner is spending huge amount for advertising his products under its registered trade mark. While so, it seems that the is respondent has recently started colloyrium using the brand name "EYE-TOP". This trademark is deceptively similar and identical to the petitioner's trade mark. Obviously, the reputation and goodwill attached to this trade mark is affected by the use of the respondent's trade mark. Hence, interim injunction is granted. Notice returnable in three weeks."