Innovative Healthcare, v. Innovative Healthcare (India) Pvt.Ltd.,

IN THE HIGH COURT OF JUDICATUE AT MADRAS

DATED: 16.12.2024

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Original Application No.716 of 2024 in C.S.(Comm.Div.) No.154 of 2024 and C.S.(Comm.Div.) No.33 of 2023 Innovative Health Care, Ahmedabad, Gujarat.

.. Applicant Vs Innovative Healthcare (India) Pvt. Ltd., Chennai.

.. Respondent For Applicant : Hiren U.Trivedi For Respondent : Mr.Arun C.Mohan

ORDER

This application has been filed by the applicant/plaintiff to restrain the defendant from using the trademark 'INNOVATIVE HEALTHCARE', in respect of medicinal preparation, which, according to the applicant, is 1/3

deceptively similar to its trademark 'INNOVATIVE HEALTHCARE'.

2. The learned counsel for the plaintiff in C.S.(Comm.Div.) No.154 of 2024 submits that this application can be closed reserving the right of the plaintiff to raise all the contentions raised in this application in the main suit. He has also made an endorsement to that effect in the court bundle. Accordingly, this application is closed. However, liberty is granted to the applicant/plaintiff to raise all the contentions raised in this application in the main suit.

3. Post the main suit for filing affidavit of admission/denial of documents and for framing issues as well as for Case Management Hearing on 08.01.2025 and on that date, both the parties are directed to file their draft issues as well as their draft Case Management Schedule. 16.12.2024 rkm 2/3

ABDUL QUDDHOSE,J.

rkm Original Application No.716 of in C.S.(Comm.Div.) No.154 of 2024 and C.S.(Comm.Div.) No.33 of 2023 16.12.2024 3/3