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3.8 It is stated that said trademark 'ESGIPYRIN' is a coined/invented word, having no dictionary meaning and is not derived from the principal ingredient/ formulation of the drug. The said trade-mark 'ESGIPYRIN' is being used by the plaintiff in relation with 'Diclofenac sodium and paracetamol preparations'. Thus, the mark has the highest degree of distinctiveness, connoting the plaintiff's goods exclusively.

3.16 It is alleged that on coming to know about defendant's infringing products under the trademark ERCAPYRINE and ENZAPYRINE, the plaintiff through its representative made extensive inquiries in the market to ascertain the identity of the person(s) who were manufacturing and marketing the identical impugned products.

3.17 It is stated that the defendant is a pharmaceutical company trading as Chemetac Pharmaceuticals, and inter alia, has been manufacturing, marketing, distributing and selling a drug containing 'diclofenac potassium and paracetamol' [hereinafter referred to as the 'impugned goods and business'] under the brand names ERCAPYRINE and ENZAPYRINE [hereinafter referred to as the 'impugned trade marks'] in a strip that is visually identical and deceptively similar to strip packaging of the plaintiff's 'ESGIPYRIN', thereby resulting in the acts of infringement and passing off. The photographs of impugned packaging/ strip is reproduced hereunder:-

ERCAPYRINE ENZAPYRINE [hereinafter referred to as the 'said impugned packaging/ trade dress/ colour scheme'] 3.18 The defendant is engaged in unauthorized manufacturing and marketing of tablets bearing the impugned trademarks ERCAPYRINE and ENZAPYRINE with similar strip packaging as that of the plaintiff's product sold under the mark 'ESGIPYRIN'. Further, the infringed products of the defendant sold under the impugned trademarks ERCAPYRINE and ENZAPYRINE are sold in yellow colour strip identical to the distinctive yellow colour strip of the plaintiff's products. The plaintiff claims that the impugned product is identical with the drug compound containing the same active ingredient used by the plaintiff of "Paracetamol and Diclofenac Sodium Tablets" as that contained in the plaintiff's products. It is averred that Diclofenac is non-steroidal anti-inflammatory drugs (NSAID) used to relieve pain and reduce inflammation.

13. Internet download showing Ex. PW 1/13 various brands in relation to (Colly) Medicines containing 'Diclofenac Sodium and Paracetamol'

14. Packaging of products of Plaintiff Ex. PW 1/14 and Defendant

15. Copy of Cease and Desist Letter Ex. PW 1/15 dated 05.02.2018 to the Defendant

16. Copy of Cease and Desist Ex. PW 1/16 letter/Reminder Letter dated 27.04.2018 to the Defendant