Dr. Mukundakam Sharma, J.

( 1. ) The present Suit is filed by the plaintiffs against the defendants praying for decree of permanent injunction restraining the infringement of trade mark and copyright and also restraining passing off the goods of the defendants as that of the plaintiffs as well as for rendition of accounts and handing over the infringing goods of the defendants to the plaintiffs.

( 2. ) The plaintiff has stated that it has adopted the trade mark VOVERAN for its pharmaceutical product which according to the plaintiffs has acquired a reputation and goodwill amongst consumers and members of the medical trade. It is also stated that the plaintiffs has incurred huge expenditure for the sale and marketing of the aforesaid product in India for the years 1993-97. It is stated in the plaint that the defendants started manufacturing and marketing a pharmaceutical product under the mark NOVERAN which has a look alike packing as that of the plaintiffs. It is stated that the defendants apart from adopting the trade mark NOVERAN which is virtually identical to the registered trade mark VOVERAN of the plaintiffs has also adopted a packaging which is a colourable imitation of the plaintiffs packaging VOVERAN in terms of get-up, lay-out and colour scheme.

( 3. ) Accordingly, the present Suit was filed in this Court seeking for the reliefs as set out in para 19 of the plaint. The summons were served on the defendants. However, on 16.8.01 counsel for the plaintiffs stated before the Court that he has instructions from the plaintiff not to press the Suit as against the defendant No. 1. The said statement was accepted and this Court passed an Order dated 16.8.01 dismissing the Suit as against the defendant No. 1 as withdrawn. Inspite of service of summons and notices on the defendant No. 2, no body has put in appearance nor it has filed any written statement and therefore it was ordered that the Suit shall proceed ex- parte as against the defendant No. 2. The plaintiffs were allowed to lead evidence by filing affidavit in terms of which an affidavit by way of evidence is filed which is on record.

( 4. ) The said affidavit by way of evidence was filed by Mr. Debjit Gupta who is constituted attorney of the plaintiff No. 1 Company. He has proved the Power of Attorneys executed by the plaintiff No. 1 and the plaintiff No. 2 in its favour and proved as Exh. P-1 and P-2. He has also proved the statements made in the plaint. He has stated that the specimen of the plaintiff-Company VOVERAN Gel carton is proved as Exh. P-4. The copy of the trade mark application which is filed by the plaintiffs before the Registrar of Trade Mark on 22.2.93 is proved as Exh. P-5. He has also stated that both the plaintiffs enjoy extensive common law rights in the trade mark VOVERAN by virtue of the reputation and goodwill enjoyed amongst consumers and members of the medical trade. He has also proved Exh. P-7, P-8, P- 9 and P-10 which are advertisements for promotion of VOVERAN in India and the price list of the product-VOVERAN for the years 1988-94. He has also proved the statements made in the plaint to the effect that the defendants have adopted the trade mark NOVERAN which is virtually identical to the registered trade mark VOVERAN for tablets of their manufacture, and have also adopted in respect of a pain relieving gel made by them, a packaging which is a colourable imitation of the Companys packaging for its product VOVERAN in terms of get up, lay out and colour scheme. Specimen packaging of the same is filed and proved as Exh. P-11.

( 5. ) On the basis of the evidence adduced by the plaintiffs I hold that the plaintiff has been able to prove the case as pleaded in the plaint. The aforesaid evidence placed on record goes unrebutted and unchallenged. Accordingly, a decree of perpetual injunction is granted in favour of the plaintiffs and against the defendant No. 2 in terms of paragraphs 19 (a), 19(b) and 19(c) of the plaint. So far as relief 19(d) is concerned, a decree is granted directing the defendant No. 1 to destroy all the goods, labels, dies and blocks and all incriminating materials bearing and impugned mark NOVERAN within eight weeks and an intimation thereof shall be sent to the plaintiffs by the defendants. In view of the passing of the decree in the aforesaid manner, learned counsel for the plaintiffs state that he has instructions from the plaintiffs not to press for reliefs in paragraphs 19(e) to 19(f). The said reliefs therefore stand disposed of as not pressed. The parties are left to bear their own cost. A decree sheet be prepared accordingly.