Allowed

Socomed Pharma Private Limited v. M/.S National Pharmaceuticals

Bombay HC2 Feb 2016NMS/528/2016

Case brief

AI extract

What is this about?

The Single Judge Bench allowed the Plaintiff's leave petition to combine passing off with trademark infringement. The Court granted a decree on admission based on the Defendant's undertaking to destroy infringing material and cancel future applications, dismissing prayer clause (d).

What did the court decide?

Decree granted on admission in terms of prayer clauses (a), (b), and (c); prayer clause (d) dropped. Defendant undertook to destroy seized material.

Socomed Pharma Private Limited Vs M/.S National… — Intellectual Property | Bombay HC (2016)

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2.nmsl.3529.2015.doc

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dik

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

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NOTICE OF MOTION (L) NO. 3529 OF 2015 IN SUIT (L) NO. 1319 OF 2015 WITH LEAVE PETITION (L) NO. 288 OF 2015 IN SUIT (L) NO. 1319 OF 2015

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Socomed Pharma Pvt. Ltd. ...Applicant/Plaintiff vs M/s National Pharmaceuticals ...Defendant

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Mr Alankar Kirpekar a/w Piyush Pande i/b MAG Legal for the Plaintiff Ms Nutan Tiwari, Partner of Defendant present.

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CORAM : S.C. GUPTE, J.

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FEBRUARY 02, 2016

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P.C. :

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This is an infringement of trademark and copyright, and passing off suit. The Defendant is a partnership firm of husband and wife, Shri Rajesh Tiwari and Smt. Nutan Tiwari. Smt. Nutan Tiwari, partner of the Defendant is present in person. She also produces an original authorization in her favour by the other partner, Rajesh Tiwari, to submit to a decree on admission. The authority is taken on record and marked “X” for identification. It is submitted by the Defendant that the Defendant has already cancelled its drug licence for Colo Tabs & SoconmolN and that they shall not apply for any drug licence for the same or for a similar trademark in future.

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2 By consent of parties, Leave Petition (L) No. 288 of 2015 is allowed and the Petitioner is allowed to combine the cause of action of passing off with that of infringement of trademark.

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Pg 1 of 2

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2.nmsl.3529.2015.doc

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3 The Defendant submits to a decree on admission in terms of prayer clauses (a), (b) and (c). The Defendant undertakes to the Court to destroy packaging material seized by the Court Receiver in terms of the order passed by this Court on 17 December 2015 within a period of 15 days and to file an affidavit to that effect in this Court. The Plaintiff drops prayer clause (d) of the plaint. There shall be a decree accordingly in terms of prayer clauses (a), (b) and (c). The undertaking of the Defendant in respect of destruction of material recorded above is accepted. There shall be no order as to costs. Refund of court fees in accordance with applicable rules. In view of the disposal of the suit, nothing survives in the Notice of Motion and the same is disposed of accordingly.

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4 The Court Receiver having carried out commission in terms of the order dated 17 December 2015 is discharged without passing any accounts but subject to payment of his costs, charges and expenses which shall be borne by the Plaintiff.

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Pg 2 of 2

Socomed Pharma Private Limited v. M/.S National Pharmaceuticals

Case brief

What is this about?

What did the court decide?

Socomed Pharma Private Limited v. M/.S National Pharmaceuticals

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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Socomed Pharma Private Limited Vs M/.S National Pharmaceuticals