ISSUE:
Whether the mark “DICLOMOL” being used by the Plaintiff and “DICAMOL” being used by the Defendant, for the manufacture of their products, are so similar that confusion is likely to be created amongst consumers, the public and those who are dealing with the Plaintiff Company?
Whether the Plaintiffs have a legal right to prevent the Defendants from using the mark “DICAMOL” to carry on their business, manufacturing, and marketing of the product?
RULE:
Rules 1 & 2 of Order XXXIX of the Code of Civil Procedure 1908 empower Courts to grant an injunction on the basis that it is just and convenient to do so to prevent injury or breach from arising, and Rule 2 specifically lays down the conditions that must be fulfilled; a prima facie case, balance of convenience, and irreparable loss or injury.