1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTIC OF MOTION NO. 1754 OF 2006 IN SUIT NO. 1266 OF 2006 Centaur drug Hsgm. Pvt. Ltd. & Anr. ...Plaintiffs Vs. M/s. Healer’s Lab & Anr. ...Defendants Mr.B.N.Poojani i/b. M/s. Leega Apex for Plaintiffs None for Defendants CORAM: SMT.ROSHAN DALVI, J. DATED: 9 TH JUNE, 2009 P.C. 1. The Plaintiffs have sued for infringement of registered trademark LEEFLOX. The Plaintiffs’ trademark has been registered since 14 th December, 2005 under the name LEEFLOX. The registration has been granted from 11 th June, 2003 as per the certificate of registration of trademark Exhibit-J to the plaint. 2. The Plaintiffs’ Advocate showed the package of the Plaintiff containing the said trademark Exhibit-S to the plaint and the Defendants’ package containing the Defendants’ mark 2 LEFLOX-500. 3. The Plaintiffs’ trademark is in respect of medicinal and pharmaceutical preparation. The Defendants’ trademark interalia contains a warning that “medicine must be kept out of the reach of the children” and that “the dose has to be taken as directed by the physician”. Hence, it is medicinal preparation. The Defendants’ package shows the expiry date of 2008 and the manufacturing date of July, 2005. It is, therefore, manufactured after the date of the Plaintiffs applied for their trademark. 4. The Defendants have filed written statement, which is yet under objection. However, the Plaintiffs’ Advocate drew my attention to paragraph 11 of the written statement which shows the manufacture quantity of the Defendants’ product for the years 2005-2006, 2006-2007 which is after the Plaintiffs’ registration. 5. Since the Plaintiffs’ product is registered the Defendants cannot continue to use the registered trademark/trade name for any medicinal products. Consequently the ad-interim order granting relief in terms of prayers (a) and (f) is concerned. Plaintiffs’ Advocate does not press for the rest. 6. Notice of Motion disposed of accordingly. (SMT. ROSHAN DALVI, J.)