Allowed

Ipca Laboratories Limited v. Bloom Pharma Pvt. Ltd. and Anr.

Bombay HC13 Aug 2015S/726/2015

Case brief

AI extract

What is this about?

The Bombay High Court decreed Suit (L) No.710 of 2015, granting a perpetual injunction against the defendant for infringement and passing off of the plaintiff's trade mark. The court discharged the Court Receiver, ordered destruction of impugned goods, and awarded costs.

What did the court decide?

Perpetual injunction granted; Court Receiver discharged; Defendants to destroy impugned goods; Rs.20,000 awarded as costs and damages to Plaintiff.

Ipca Laboratories Limited Vs Bloom Pharma Pvt. Ltd. and… — Intellectual Property | Bombay HC (2015)

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

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SUIT (L) NO.710 OF 2015

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IPCA Laboratories Limited … Plaintiff versus

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Bloom Pharma Pvt. Ltd. and Anr. … Defendants

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Mr. Rashmin Khandekar with Mr. Minesh Andharia i/by M/s. Krishna and Saurastri Associates, for Plaintiff.

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Ms. Tanuja B. Liman, for Defendant No.1.

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Mr. G.G.Ketkar, 1^st Assistant to Court Receiver, present.

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CORAM: S.J. KATHAWALLA, J.

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DATE: 13^th AUGUST, 2015

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P.C.:

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Heard the learned Advocates for the parties and by consent, the

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following order is passed :

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

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"(a) that the Defendants by themselves, through their partners, proprietors, servants, agents, dealers, manufacturers, stockist 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 pharmaceutical and medicinal preparations, the impugned trade mark ZEROMOL-SP / ZEROMOL and/or any other word or mark which is identical with and/or deceptively

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similar in any manner whatsoever to that of the Plaintiff's trade mark ZERODOL so as to infringe the Plaintiff's trade mark ZERODOL bearing registration No.582203 being Exhibit A hereto;

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(b) that the Defendants by themselves, through their partners, proprietors, servants, agents, dealers, manufacturers, stockist 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 pharmaceutical and medicinal preparations, the impugned trade mark ZEROMOL-SP / ZEROMOL 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 ZERODOL-SP / ZERODOL 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) The Court Receiver is discharged without passing accounts, but

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upon payment of his costs, charges and expenses by the Advocate for the Plaintiff.

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(iii) The Defendants undertake to destroy the impugned goods which are seized and sealed by the Court Receiver at Nashik, in the presence of the representative of the Plaintiff, within a period of four weeks from today. The Defendants also undertake to call from Chandigarh the 696 cartons mentioned

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in the Report of the Court Receiver and destroy the same. The undertakings

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are accepted.

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(iv) The learned Advocate for the Defendants undertakes to pay

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an amount of Rs.20,000/- to the Plaintiff within a period of one week from today towards cost and damages.

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(v) The Suit is accordingly disposed of. Suit to be numbered

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within a period of two weeks from today.

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( S.J.KATHAWALLA, J. )

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ssp

Ipca Laboratories Limited v. Bloom Pharma Pvt. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Ipca Laboratories Limited v. Bloom Pharma Pvt. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Coram

Case details

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