Facts:

• Milmet Of tho Industries (Appellant), an Indian pharmaceutical company were engaged in selling eye drops under the brand name ‘OCUFLOX’ containing Ciprofloxacin HCL to be used for the treatment of the eye and ear. The name was coined by using ‘OCU’ and ‘FLOX’ from Ciprofloxacin. Their mark remained pending but the registration was granted by the Food and Drug Control Administration on 25.08.1993.
• Allergan Inc. (Respondent) was also a pharmaceutical company selling eye drops under the brand name ‘OCUFLOX’ containing ofloxacin manufactured and marketed in other countries by the Respondents. The first use of the product was on 09.09.1992. They had applied for trademark registration in India but their mark was pending.
• The Respondent filed a suit against the Appellant for an injunction based on an action for passing off in respect of the mark "OCUFLOX".
  

Background/Procedural Posture:

• The appeal was filed against the Calcutta High Court's decision dated November 6, 1997. Initially, the respondents obtained an ad interim injunction on December 18, 1996, which was later vacated on January 29, 1997. The Single judge held that the Respondents' product was not being sold in India and that the Appellants had introduced the product first in the country, rendering the Respondents ineligible for an injunction.
• However, the Appeal filed by the Respondents had been allowed by the impugned judgment. The judgment stated that since the Respondents were the first to enter the market, they were entitled to an injunction.

Main Issue:

Whether the trade-marks “OCUFLOX” by both the parties were deceptively similar?