deceptively/ phonetically similar to the appellant's trade-mark "SPASMO-PROXYVON"
3. In the suit, the trial Judge by an order dated ... appellant/plaintiff is that it adopted the trade mark SPASMO-PROXYVON" in respect of its pharmaceutical products and the said trade mark was also
found in exclusive and conscious possession of 288
of
capsules of Spasmo Proxyvon and 25 vials of Rexcof
cought syrup without any permit/licence ... Rexcof cough and two boxes containing 288 capsules of
Spasmo Proxyvon were found. He has stated that accused
was asked to produce the bill, licence
accused
Smti. Suman Deb was trying to sell a packet of SPASMO PROXYVON
containing 18 (eighteen) strips, total 144 (one hundred forty four) numbers ... Inspector H.S. Rana (PW 2), the said packet of SPASMO PROXYVON
was seized at the Police station by him i.e. S.I. Subir
stated that he informed the
petitioner herein that the capsule of Spasmo Proxyvon Plus is in
great demand among drug abusers because it contained ... further informed that they were setting up entire setup for
manufacturing Spasmo Proxyvon Plus capsules, but they lack
printing/packaging material.
v. It is stated
appellant had sold (i) 197
(one hundred ninety seven) nos. of Spasmo Proxyvon capsules, (ii) 2 (two)
injection needles, (iii) 2 (two) nos. of Dendrite ... Drug Licence (Ext.15); Scientific Information (Ext.16); Analysis of
Proxyvon Range (Ext.17); Medical Report (Ext.18); Regd. Envelop (Ext.19);
Copy of Notice
said
CS (COMM) 694/2018 Page 1 of 7
registered trademarks „SPASMO-PROXYVON‟
amounting to infringement of the aforesaid registered
trademarks of the Plaintiff ... hoardings,
boxes and other material of the defendants bearing the
mark SPASMO-PROXYVON / PROXYVON.
(d) Pass and pronounce a money decree on account of
damages
accused and after conducting search of scooter 432
capsules of spasmo proxyvon were found. It is alleged by
prosecution that sample of capsules took ... police officials. He
denied suggestion that 18 strips of capsules of spasmo
proxyvon were recovered. He denied suggestion that Drug
Inspector Navneet Marwah was called
alleged to be in possession
of 50 packets of Spasmo Proxyvon, each packet containing 6 strips,
each stripe contained 24 capsules, total 7200 intoxicating capusules ... possession
of 99 strips, each stripe having 24 capsules Mark SPASMO
PROXYVON, total 2376 SPASMO Proxyvon capsules without
each containing 10 tablets) total 1200 tablets
and 90 staples of Spasmo Proxyvon capsules (each containing 8 capsules)
total 720 capsules were recovered. The samples ... capsules of blue colour in strip labelled as
SPASMO-PROXYVON.
Average weight 645mg/Tab.
Parcel No.4 - 10 tablets of peach colour in strip labelled
capsules.
4) Lomotil Tablets.
5) Diazepam tablets.
6) Norphin injections.
7) Buta Proxyvon Capsules.
8) Proxyvon Capsules.
9) Dionindon Tablets.
10) Cavisoma Tablets.
11) Codeine ... contents thereof were Deprovon-N, Buta Proxyvon, Proxyvon. Subhimol, Proxyvon-N Dextrovon and Sudhinol. Each of these drugs, inter alia, contained Dextropropoxyphene Hydrochloride weighing
