MILMET OFTHO INDS. vs ALLERGAN INC.

The Supreme Court upheld the Calcutta High Court's decision granting an injunction to the Respondents against the Appellants for passing off the mark 'OCUFLOX'. The Court emphasized that the Respondents were the prior users of the mark, having first used it in 1992, and that their trans-border reputation justified the injunction despite the Appellants' registration in India. The judgment reaffirmed the principle that passing off actions can be maintained even against registered trademark owners, citing the precedent in N. R. Dongre vs. Whirlpool Corporation.