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SAME COMPOSITION SR. KEPLER BRAND KEPLER COMPOSITION MANKIND GROUP MANKIND NO. NAME BRAND NAME GROUP COMPOSITION 1 KEPODIL Cefpodomime KEPODIL Cefpodoxime 2 KEPREB Rabeprazole KEPREB Rabeprazole 3 D3FLOW Vitamin D3 D3FLOW Vitamin D3 4 KEPTRON Ondansetron KEPTRON Ondansetron 5 TWAGIC Aceclofenac + TWAGIC Aceclofenac + Paracetamol Paracetamol 6 BEE12 OD Methylcobalamin BEE12 OD Methylcobala min 7 KEP-X Terbutaline + KEP-X Terbutaline + Guaiphenesin + Guaiphenesin Bromhexine + Bromhexine 8 KEP-D Dextromethorphan + KEP-D Dextromethor Chlorpheniramine phan + maleate + Chlorpheniram Phenylephrine ine maleate + Phenylephrine DIFFERENT COMPOSITION SR. KEPLER BRAND KEPLER COMPOSITION MANKIND GROUP MANKIND NO. NAME BRAND NAME GROUP COMPOSITION 1 AMOKAV Amoxicillin + AMOKAV Amlodipine Clavulanic acid Besilate 2 MOISER Cream Aloe Vera + Wheat MOISER Tablet Metformin Germ Oil + Honey Extract + Tea Tree Oil Cream 3 KEPTAFINE Terbinafine KEPTAFINE Fluconazole 4 NOSIER Cetirizine + NOSIER Cetrizine Phenylephrine + Paracetamol + Zinc One will notice that the mark KEP of the Mankind Group is also used with slight variation by the defendants by the marks KEP-X and KEP-D. What is shell shocking is that one brand is used to sell two different medicinal preparations, one by the plaintiff and the other by the defendants.

The second defendant became aware that the plaintiff had adopted the marks and intended to use them for their medicinal products, as will appear from the letter of the plaintiff to him, dated 8th April, 2013. It is in the following terms:

"To, Harpal Vala, Sales Manager, Ahmedabad We are sending you promotions material for Terbinaforce Dusting Powder. Kindly start your market survey as per doctor selection.
You are also informed that we are launching the following products KEPODIL for Cefpodoxime, MOISER for Metformin, BEE12 for Mecobalamin + Vitamin B12, KEPTRON for Ondensetron, KEPTAFINE for Fluconazale, NOISER FOR Cetrizine Hydrochloride, TWAGIC for Aceclofenac and paracetamol combo, KEP for Tebutaline Sulphate, AMOKAV for Amlodipine Besilate, D3FLOW for Vitamin D3, and KEPREB for Rabeprazole. Trade dispatches form depot, promotions & samples shall be dispatched to concerned tem shortly. Kindly start doctor selection and keep it ready.

The intention of the plaintiff is to kill the business of the defendants, it is alleged.

Furthermore, it was submitted on behalf of the defendants that the plaintiffs were marketing the self-same eleven products under different marks, as per the table given later on in this judgment.

The plaintiff is still marketing these products under the said trade marks. Therefore, having a substantial sale with the existing trade marks, there was no need for the plaintiff to adopt eleven other marks and to propose to sell the products under them. The stand of the plaintiff is that any person is entitled to sell a product with more than one trade mark. Mr. Kapur submitted that Glaxo & Co. was marketing paracetamol under two brand names, Calpol and Crocin. Mr. S.N. Mookerjee, learned Senior advocate said that sometimes the same product was sold by a manufacturer in two geographical locations by two different marks. 

NO     PLANTIFF      PLAINTIFF          PLAINTIFF             MKD/MFD
       BRAND         COMPOSITION        EXISTING
       NAME                             BRAND       WITH
                                        SAME
                                        MOLECULE

1      AMOKAV        Amlodipine         AMLOKIND           MANKIND/MEDIFORCE
                     Besilate

2      BEE12         Mecobalamin    +   NUROKINDOD         MANKIND/PHARMAGORCE
                     Vitamin B12

3      D3FLOW        Vitamin D3         D3MUST             MANKIND/RAVENBHEL

4      KEPODIL       Cefpodoxime        GUDCEF             LIFESTAR/RELAX

5      KEPTAFINE     Fluconazole        NUFORCE            MANKIND/PHARMAFORCE

6      MOISER        Metformin          METATIME           MANKIND/PANTA BIOTECH

7      NOSIDER       Cetrizine          COPE               MAGNET/NEXT WARE

8      TWAGIC        Aceclofenac    +   DOLOKIND PLUS      MANKIND/MANKIND
                     Paracetamol

9      KEPTRON       Ondansetron        VOMIKIND           MANKIND/PHARMAFORCE

10     KEP           Terbutaline    +   ASTHAKIND          LIFESTAR/SIRMOUR
                     Guaiphenesin   +
                     Bromhexine

11     KEPREB        Rabeprazole        RABEKIND           MANKIND/MEDIFORCE