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Issues involved:
The judgment deals with the rejection of an application for ad-interim injunction by the trial court and the Punjab and Haryana High Court, concerning the alleged infringement of a registered trademark "Glucon-D" by the defendant's product "Glucose-D" and deceptive packaging. Trademark Infringement Issue: The plaintiffs, owners of the trademark "Glucon-D," filed a suit for permanent injunction and accounts of profits for trademark infringement and copyright infringement. The trial court rejected the application for ad-interim injunction, stating that the word "Glucose" was generic and the packaging was dissimilar. The High Court upheld this decision. However, the Supreme Court found that the prior user of "Glucon-D" and its packaging by the plaintiffs was established, predating the defendant's use of "Glucose-D." The Court noted the phonetic similarity between the two marks and the deceptive packaging, leading to confusion among buyers. The Court set aside the lower court's orders and granted the ad-interim injunction. Legal Arguments: The appellants argued for the injunction based on prior user of "Glucon-D" and its packaging, citing relevant case law. The respondent contended that the delay in filing the suit and lack of evidence on deceptive similarity were grounds for denying the injunction. The Court emphasized the importance of prior user in passing off actions and the need to establish reputation in the market to prevent infringement. It highlighted the phonetic similarity between the marks and the deceptive packaging as key factors in granting the injunction. Decision and Conclusion: The Supreme Court allowed the application for ad-interim injunction, overturning the decisions of the lower courts. The Court clarified that its ruling was limited to the injunction and would not bind the trial court in the ongoing suit. The judgment focused on the established prior user of "Glucon-D" and the deceptive similarity with the defendant's product, warranting the grant of the injunction to protect the plaintiff's trademark rights.
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