UNIVERSAL PHARMACEUTICAL LTD. Vs. SOCIAL MARKETING COMPANY
SUPREME COURT OF BANGLADESH
Universal Pharmaceutical Ltd.
Social Marketing Company
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MUSTAFA KAMAL,J. -
(1.) The plaintiff-respondent, Social Marketing Company, whose product is ORSALINE, filed Title Suit No.22 of 1995 under section 73 of the Trade Marks Act, 1940 before the District Judge, Dhaka for permanent injunction restraining the defendant-petitioners, Universal Pharmaceutical Ltd., from marketing and selling their product using the trade mark ORALSALINE and to withdraw all products of them from the market and also for a decree for compensation. On 1-4-95 an order of ad interim injunction was granted on the prayer of the plaintiff-respondent by the Additional District Judge, 6th Court, Dhaka where the Suit is pending, restraining the petitioners from marketing and selling their product ORALSALINE. The order of ad interim injunction was made absolute on contest on 14-11-95 directing the petitioners not to use the trade mark ORALSALINE or any other trade mark nearer or resembling the trade mark of the plaintiff- respondent which is ORSALINE till disposal of the suit.
(2.) Against the said judgment and order dated 14-11-95 the defendant-petitioners preferred FMA No.24 of 1996 and a learned Single Judge of the High Court Division by judgment and order dated 7-4-97 dismissed the appeal and also discharged the connected Rule.
(3.) The defendant-petitioners have preferred this petition for leave to appeal from the aforesaid judgment and order of the High Court Division.;
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