By consent order, the High Court of Judicature at Bombay decreed Suit No. 280 of 2015, granting perpetual injunctions against infringement of copyright and deceptive passing off of trade marks arising from packaging designs.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 280 OF 2015
M/s. Rishabh Impex … Plaintiff
Versus
Naman Pharma Drugs and Anr. … Defendants
Mr. A. Kirpekar i/b. MAG Legal for the Plaintiff. Mr. Anand Kumar for the Defendants.
CORAM : S.J. KATHAWALLA, J. DATED : 10TH JULY, 2015
P.C.
i. The Suit is decreed in terms of prayer clauses (a) and (b), which are reproduced under :
“(a) that this Hon'ble Court be pleased to restrain the
Defendants by themselves and / or through their directors, partners, proprietors, servants, agents, exporters, importers, stockist and / or otherwise howsoever by an order of perpetual injunction of this
Hon'ble Court from in any manner using in relation to any medicinal and pharmaceutical preparation and / or
goods, the impugned 'NIMA POWER' carton being
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Exhibit-D hereto and / or any other carton which is / are similar and / or colorable imitation and / or slavish imitation and / or obvious imitation and / or substantially similar with respect to the artistic work, design, lay out, colour scheme and get up and / or otherwise of the Plaintiff's “PIMA POWER” carton as shown in Exhibit-A hereto; so as to infringe the Plaintiff's copyright therein in any manner whatsoever ;
(b) that this Hon'ble Court be pleased to restrain the Defendants by themselves and / or through their directors, partners, proprietors, servants, agents, exporters, importers, stockist and / or otherwise howsoever by an order of perpetual injunction of this Hon'ble Court from in any manner using in relation to any medicinal and pharmaceutical preparation, the impugned trade mark 'NIMA POWER' and its carton thereof as shown in Exhibit-D hereto and / or any other trade mark and / or label and / or carton / packing material which is / are deceptively similar in any manner whatsoever to the Plaintiff's trade mark 'PIMA
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POWER' and / or its carton thereof as shown in Exhibit-
A hereto, so as to pass off and / or enable others to pass
off the Defendants medicinal and pharmaceutical
preparation as and for that of the Plaintiff's, in any
manner whatsoever”.
ii. The Plaintiff is not pressing for cost and / or damages against the Defendants.
iv. The Suit as well as Notice of Motion (L) No. 107 of 2015 are accordingly disposed of.
v. Refund of Court Fees, if any, as per Rule.
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
