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4. The plaintiff has alleged that on 8 th February, 2002 the plaintiff filed an application for registration of the trade name „Vega Asia‟ which is duly registered trade mark under No.1079405 in class 5 in respect of pharmaceutical and medicinal preparations included in class 5. It is also alleged that the plaintiff holds valid and subsisting drug licence issued by the Drug Licensing and Controlling Authority of the State of Uttar Pradesh for manufacture and sale of its products „Vega Asia‟ vide protection granted on 30 th July, 2002. The plaintiff has contended that the mark „Vega Asia‟ is a fanciful and coined word being combination of the words „Vega‟ and „Asia‟ that was especially created by the plaintiff having no descriptive meaning. The mark „Vega Asia‟ including its VEGA prefix separately, is inherently distinctive both to the trademark and the consuming public of erectile dysfunction products of the plaintiff company. The plaintiff has also designed, and created various artistic works for the packaging(s) of the said medicinal product „hereinafter Blister Packaging‟ and has also got the same registered under the Copyright Act, 1957. The said protected artistic works in the packaging as copyright is again the proprietary right of the plaintiff under the Copyright Act, 1957 and the Common Law.