Allowed

Franco-Indian Pharmaceuticals Pvt. Ltd. v. Samphire Food and Pharma (P) Limited

Bombay HC3 Jul 2015S/316/2014

Case brief

AI extract

What is this about?

By consent, the Court decreed the suit for perpetual injunction restraining the defendant from manufacturing, selling, offering for sale, exporting, advertising, marketing, or dealing in any pharmaceuticals bearing the trade mark DELTORANGE or impugned packaging that infringes the plaintiff's registered trade mark DEXORANGE or copyright in the artistic packaging of the product.

What did the court decide?

Decree passed restraining defendant from manufacturing, selling, offering for sale, exporting, advertising, marketing, dealing in pharmaceuticals bearing trade mark DELTORANGE or impugned packaging in

Franco-Indian Pharmaceuticals Pvt. Ltd. Vs… — Contract and Commercial Disputes | Bombay HC (2015)

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s 316 of 2014 (920).sxw

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

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SUIT NO.316 OF 2014

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Franco-Indian Pharmaceuticals Pvt. Ltd. … Plaintiff versus

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Samphire Food and Pharma (P) Ltd. … Defendant

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Mr. Mahesh Mahadgut, for Plaintiff. Mr. Jakhade, for Defendant. Mr. Ravi Kiran Dalvi, DGM Legal, Plaintiff, present.

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Mr. Mohan Lal s/o Hans Roy, Director of Defendant, present.

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CORAM: S.J. KATHAWALLA, J.

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DATE: 3rd JULY, 2015

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P.C.:

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Heard the learned Advocates for the parties and the following order is passed by consent :

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(i) The Suit is decreed in terms of prayer clauses (a), (b) and (c), which are reproduced hereunder :

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(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/or persons acting for and on their behalf be restrained by a perpetual order and injunction of this Court from manufacturing, selling, offering for sale, exporting, advertising, marketing and/or in any manner dealing in

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s 316 of 2014 (920).sxw

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relation to any pharmaceuticals and/or medicinal preparation bearing the impugned trade mark DELTORANGE 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;

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(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/or persons acting for and on their behalf be restrained by a perpetual order and injunction of this 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 DELTORANGE 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 products 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 06-121974 and A-54672/98 dated 20-03-1998 by reproducing the same in any material form or using the same or any

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s 316 of 2014 (920).sxw

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colourable imitation thereof or otherwise howsoever;

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(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/or persons acting for and on their behalf be restrained by a perpetual order and injunction of this 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 DELTORANGE and/or any other deceptively similar mark to the Plaintiff's mark DEXORANGE and also the impugned carton / label / packaging / trade dress for DELTORANGE 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;

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The Director of the Defendant who is present in Court, undertakes to pay cost/damages to the Advocate for the Plaintiff of Rs.2,00,000/- within a period of four weeks from the date of this Order. The undertaking is accepted. Cost to be paid by Demand draft in favour of the Plaintiff.

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s 316 of 2014 (920).sxw

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The Suit is accordingly disposed of. Refund of Court Fees, if any,

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as per rules.

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( S.J.KATHAWALLA, J. )

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Franco-Indian Pharmaceuticals Pvt. Ltd. v. Samphire Food and Pharma (P) Limited

Case brief

What is this about?

What did the court decide?

Franco-Indian Pharmaceuticals Pvt. Ltd. v. Samphire Food and Pharma (P) Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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