Allowed

Ipca Laboratories Limited v. Kosmica Dermacare and 2 Ors.

Bombay HC10 Jan 2014S/64/2014

Case brief

AI extract

What is this about?

The High Court of Bombay decreed a suit for permanent injunction filed by Ipca Laboratories Limited against Kosmica Dermacare to restrain the defendants from using the trademarks 'Kerapro' and 'Kerapro Eva' in relation to multivitamins and nutritional supplements, thereby preventing infringement of the plaintiff's 'Keraglo' mark.

What did the court decide?

Perpetual injunction restraining the defendants from using the trademarks 'Kerapro'/'Kerapro Eva' or any deceptively similar marks in relation to multivitamins and nutritional supplements to prevent i

Ipca Laboratories Limited Vs Kosmica Dermacare and 2 Ors. — Bombay HC (2014) — LawSathi Research

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S(L) 1145 of 2013 (920)

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IN THE HIGH COURT OF JUDICTURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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SUIT (L) NO.1145 OF 2013 WITH NOTICE OF MOTION (L) NO.2523 OF 2013

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.....Plaintiff

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Ipca Laboratories Limited .....Plaintiff Versus Kosmica Dermacare and Ors. .....Defendants

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Mr. Manish Saurastri i/by M/s. Krishna Saurastri and Associates, for Plaintiff.

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Mr. Mahesh Mahadgut, for Defendants.

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CORAM: S.J.KATHAWALLA, J.

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DATE: 10^th JANUARY 2014

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P.C. :

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Heard the learned Advocates for the parties. The E-mail

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dated 08-01-2014 received by the Advocate for the Defendants from the Defendants is tendered in Court and taken on record. By consent of the parties, the following order is passed :

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(i) The Suit is decreed in terms of prayer clauses (a) and (b),

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which read as under :

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(a) that the Defendants by themselves through their directors, partners, proprietors, servants, agents, dealers, manufacturers, stockiest and/or otherwise howsoever be restrained by a perpetual order and injunction of this Hon'ble Court from in any manner using in relation to any

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ssp

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S(L) 1145 of 2013 (920)

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multivitamins, multiminerals preparations, nutritional supplements, the impugned trade mark 'Kerapro'/'Kerapro Eva' and/or any other word or mark which is identical with and/or deceptively similar in any manner whatsoever to that of the Plaintiff's trade mark 'Keraglo' so as to infringe the Plaintiff's trade mark 'Keraglo' bearing registration No.1486814 being Exhibit A hereto;

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(b) that the Defendants by themselves through their partners, proprietors, servants, agents, dealers, manufacturers, stockiest and/or otherwise howsoever be restrained by a perpetual order and injunction of this Hon'ble Court from in any manner using in relation to any multivitamins, multiminerals preparations, nutritional supplements, the impugned trade mark 'Kerapro' / 'Kerapro Eva' and/or any other word or mark which is identical with and/or deceptively and/or confusingly similar in any manner whatsoever to that of the Plaintiff's trade mark 'Keraglo' / 'Keraglo Eva' so as to pass off and/or enable others to pass off the Defendants' goods as and for that of the Plaintiff;

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(ii) In view of the above order, the Plaintiffs are not pressing for any costs and/or damages.

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(iii) The Suit is accordingly disposed of. Refund of Court Fees, if any, as per rules.

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ssp

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S(L) 1145 of 2013 (920)

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(iv) The Notice of Motion (L) No.2523 of 2013 also stands

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disposed of.

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( S.J.KATHAWALLA, J. )

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ssp

Ipca Laboratories Limited v. Kosmica Dermacare and 2 Ors.

Case brief

What is this about?

What did the court decide?

Ipca Laboratories Limited v. Kosmica Dermacare and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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