The High Court of Bombay decreed a suit for injunction against trademark and copyright infringement and awarded damages of Rs. 26,000, allowing withdrawal against a second defendant
Perpetual injunction against manufacture, sale, and use of infringing marks and packaging; damages of Rs. 26,000.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
S 920 of 2011 (924)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.920 OF 2011
Franco Indian Pharmaceuticals Pvt. Ltd. .....Plaintiff Versus Elder Pharmaceuticals Ltd. and Anr. .....Defendants
Mr. Mahesh Mahadgut, for Plaintiff.
Ms. Vishakha Vaswani i/by M/s. Gagrats, for Defendant No.1
CORAM: S.J.KATHAWALLA, J.
DATE: 21st JANUARY 2014
P.C. :
the following order is passed :
(i) The Suit is decreed in terms of prayer clauses (a), (b) and
(c), which read as under :
(a) that the Defendants by themselves, their servants, dealers, distributors, stockists, franchisees, agents, directors, partners, sister concerns, subsidiaries, representatives and/or successors in title, affiliates and/or assigns and all persons acting for and on their behalf be restrained by a perpetual order and injunction of this Hon'ble Court from manufacturing, selling, offering for sale, exporting, advertising, marketing and/or in any manner dealing in relation to any pharmaceutical and/or
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S 920 of 2011 (924)
medicinal preparation bearing the impugned Trade Mark ELD-ORANGE or any other deceptively similar Trade Mark/Name or otherwise howsoever so as to infringe the Plaintiff's registered Trade Mark DEXORANGE bearing No.269335 dated 11-01-1997;
(b) that the Defendants by themselves, their servants, dealers, distributors, stockists, franchisees, agents, directors, partners, sister concerns, subsidiaries, representatives and/or successors in title, affiliates and/or assigns and all persons acting for and on their behalf be restrained by a perpetual order and injunction of this Hon'ble Court from manufacturing, selling, offering for sale, exporting, advertising, marketing and/or in any manner using directly or indirectly in relation to any pharmaceutical and/or medicinal preparation the impugned carton/label/packaging/trade dress for the product ELD-ORANGE being Exhibit K to the Plaint or any other deceptively similar packaging/carton / label/trade dress to that of Plaintiff's packaging/carton/label/trade dress being Exhibit B-1 and B-2 to the Plaint or which is reproduction and/or substantial reproduction of Plaintiff's artistic packaging for its product DEXORANGE so as to infringe the Plaintiff's copyright in the original artistic work contained in the said packaging shown at Exhibit B-1 and B-2 to the Plaint and registered under No.A-10551/74 dated 22-01-1974, A-12173/74 dated 06-12-1974 and A-
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54672/98 dated 20-03-1998 by reproducing the same in any material form or using the same or any colourable imitation thereof or otherwise howsoever;
(c) that the Defendants by themselves, their servants, dealers, distributors, stockists, franchisees, agents, directors, partners, sister concerns, subsidiaries, representatives and/or successors in title, affiliates and/or assigns and all persons acting for and on their behalf be restrained by a perpetual order and injunction of this Hon'ble Court from manufacturing, selling, offering for sale, exporting, advertising, marketing and/or in any manner using or dealing in relation to any pharmaceutical and/or medicinal preparation bearing the impugned Trade Mark ELD-ORANGE and/or any other deceptively similar mark to the Plaintiff's mark DEXORANGE and also the impugned carton / label/ packaging / trade dress for ELDORANGE shown at Exhibit K to the Plaint or any other carton / label/ packaging/ trade dress which is reproduction and/or substantial reproduction of Plaintiff's artistic work in the carton of product DEXORANGE so as to pass off the Defendants' goods as and for those of the Plaintiff;
(ii) The Defendants shall pay an amount of Rs.26,000/- to the
Plaintiff within a period of two weeks from today as and by way of damages.
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(iii) The learned Advocate for the Plaintiff states that the Plaintiff is not pressing for any other reliefs claimed in the Suit against the Defendant No.1. The statement is accepted.
(iv) The Suit against Defendant No.2 is allowed to be
withdrawn with liberty to file a fresh Suit if so advised.
(v) The Suit is accordingly disposed of. Refund of Court Fees, if any, as per rules.
(vi) The office shall return the original documents to the Advocate for the Plaintiff upon the Advocate for the Plaintiff handing over Photostat copies of the said documents duly certified by him as true copies.
( S.J.KATHAWALLA, J. )
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S.J.KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
