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“It is immaterial if the term or directions in a decree is contrary to law. The Executing Court cannot go behind the same, and has to give effect to the decree.”
Delhi High Court observed that the defendant has used the infringing mark ‘BETNOL’, which is identical to the plaintiff’s mark ‘BETNESOL’ with the intent to springboard its business by drawing association with the plaintiff and its trademark to ride on the goodwill and reputation of the mark of the plaintiff.
Delhi High Court: Jyoti Singh, J. granted ex-parte ad-interim injunction and remarked that stricter approach is required in cases of medicinal preparations