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february 2004

Supreme Court of India · 2004-02-20

EXPHAR SA vs EUPHARMA LABORATORIES LTD.

Citation / case number
SC 2003/3802
Court
Supreme Court of India
Petitioner
EXPHAR SA
Respondent
EUPHARMA LABORATORIES LTD.
Author
RUMA PAL
Bench
RUMA PAL & P. VENKATARAMA REDDI.

Judgment text excerpt

The Supreme Court addressed the jurisdiction of the Delhi High Court under Section 62(2) of the Copyright Act, 1957, in a suit concerning the trademark 'Maloxine'. The Court held that the High Court had jurisdiction as the appellants were carrying on business in Delhi and the respondents were also operating within its jurisdiction. The Court affirmed the interim order passed by the Delhi High Court, allowing the appellants to seek injunctions against the respondents for passing off and copyright infringement.

EXPHAR SA vs EUPHARMA LABORATORIES LTD. · Niyam