Allowed

M/S. Vhb Life Sciences Ltd. v. M/S. Zaneka Healthcare Ltd. and Anr.

Bombay HC15 Jun 2016S/514/2016

Case brief

AI extract

What is this about?

Defendants submitted an undertaking to the Court. The suit for perpetual injunction to restrain infringement of the registered trade mark "PIPTAZ" and pass-off was decreed against them.

What did the court decide?

Perpetual injunction restraining infringement of Plaintiff's trade mark "PIPTAZ" and preventing pass-off using "PIP-TAZ"; suit decreed against Defendants.

M/S. Vhb Life Sciences Ltd. Vs M/S. Zaneka Healthcare Ltd. and Anr. — Bombay HC (2016) — LawSathi Research

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902-SL403-16.DOC

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ATUL

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO. 403 OF 2016

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WITH

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NOTICE OF MOTION (L) NO. 1326 OF 2016

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VHB Life Sciences Limited…Plaintiff
Versus
Zaneka Healthcare Limited & Another…Defendants

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Dr. V. Tulzapurkar, Senior Advocate, i/b Mr. Sunil N. Nair, for the
Plaintiff.

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Mr. Aagam Doshi, i/b Minal Doshi, for Defendant No. 2.
Mr. A.D. Kamble, Master from the Office of Court Receiver, is
present.

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CORAM:G.S. PATEL, J
DATED:15th June 2016

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PC:-

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1.An ad-interim order was passed on 3rd May 2016. This was
an ex parte ad-interim order. The Suit and the Notice of Motion
have seen been served. Leave has today separately been granted in
the Petition under Clause XIV of the Letters Patent.

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2.Learned Advocate for the Defendants states, on instructions,
that the Defendants are willing to submit to a decree in terms of
prayer clauses (a) and (b). The statement is accepted as an

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Page 1 of 3
15th June 2016

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902-SL403-16.DOC

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undertaking to the Court. The Suit itself is decreed against the
Defendants in these terms. Prayers (a) and (b) are set out below:

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“(a)that the Defendants by themselves, their
servants and agents be restrained by a perpetual
order, injunction of this Hon'ble Court from in any
manner infringing the Plaintiff's trade mark
“PIPTAZ” and/or using the impugned trade mark
“PIP-TAZ” in respect of pharmaceutical products
and/or using the impugned trade mark “PIP-TAZ”
or any other trade mark or word deceptively
similar to the Plaintiff's registered trade mark
“PIPTAZ” so as to infrige the Plaintiff's registered
trade mark bearing No. 1178132;

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(b)that the Defendants by themselves, their
servants and agents be restrained by a perpetual
order, injunction of this Hon'ble Court from in any
manner using the impugned trade mark “PIP-TAZ”
in respect of pharmaceutical products or selling
and/or using the impugned trade mark “PIP-TAZ”
or any other trade mark or word or any mark
deceptively similar to the Plaintiff's registered
trade mark “PIPTAZ so as to pass-off or enable
others to pass-off the Defendants goods and/or
any goods not manufactured by the Plaintiff as
and for the goods of the Plaintiff.”

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3.In view of disposal of the Suit, the Notice of Motion does not
survive and is disposed of as such.

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Page 2 of 3
15th June 2016

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902-SL403-16.DOC

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4. The Court Receiver to stand discharged without passing accounts on payment of his costs, charges and expenses by the Plaintiff.

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5. Refund of Court Fee, if any, in accordance with the Rules.

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6. All concerned to act on an authenticated copy of this order.

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(G. S. PATEL, J.)

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Page 3 of 3
15th June 2016

M/S. Vhb Life Sciences Ltd. v. M/S. Zaneka Healthcare Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

M/S. Vhb Life Sciences Ltd. v. M/S. Zaneka Healthcare Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Coram

Case details

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M/S. Vhb Life Sciences Ltd. Vs M/S. Zaneka Healthcare Ltd. and Anr.