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21. It is submitted that plaintiffs are a part of Abbott Laboratories, which is a leading global pharmaceuticals and healthcare products company, offering a wide range of world-class healthcare products. Abbott operates and conducts its business in India through its wholly owned subsidiary i.e., Abbott India Limited, plaintiff No. 2 herein.
22. It is submitted that the goodwill and reputation that has accrued over the years due to the extensive sales and marketing of the healthcare products, have accrued to the sole benefit of the plaintiffs. It is further submitted that plaintiff no. 1 is the proprietor of the trademarks and plaintiff no. 2 is the proprietor of the trademark „DUPHAPRO‟.
31. It is submitted that in India, the plaintiffs have obtained registrations for the following DUPHA marks:-
32. It is further submitted that the aforesaid trademark registrations are renewed, valid and subsisting in the Register of Trade Marks in India as well as of the registered date.
33. It is also submitted that the plaintiff has an active and dominant presence on the World Wide Web and is the registered owner of the domain name, https://www.abbott.com and https://www.abbott.co.in, which feature the DUPHA Marks. It is submitted that the plaintiffs also have the following various domain names dedicated to the trademark DUPHALAC as follows: