The court ordered a decree based on consent terms signed by the parties, granting injunctions against trademark infringement and vacating interim orders in a commercial intellectual property suit.
Perpetual injunction restraining defendant from using impugned mark/label; decree passed; interim orders disposed; court receiver discharged.
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 IN ITS COMMERCIAL DIVISION
COMMERCIAL IP SUIT NO.558 OF 2016 WITH LEAVE PETITION NO.173 OF 2016 IN
COMMERCIAL IP SUIT NO.558 OF 2016
Vardhman Exports ….Plaintiff Vs. Saga Laboratories ….Defendant
Mr. Mandar Soman for plaintiff.
Mr. Nandkishor Dound, constituted attorney of plaintiff present. Mr. Nachiket Patkar I/b. Mrugank and Basutkar Law Partners for defendant.
Mr. Rajesh C. Patel, authorised signatory of defendant present.
CORAM : K.R.SHRIRAM, J. DATE : 23rd JULY 2019
P.C.:
1 Parties have entered into consent terms dated 23rd July 2019.
The consent terms signed by the constituted attorney of plaintiff, authorised signatory of defendant and their respective advocates is taken on record and marked 'X' for identification. The counsel state that the signatories to the consent terms are present in Court and identify them.
2 Order in terms of the consent terms. All statements are accepted as undertaking to this Court. All undertakings are also accepted.
Gauri Gaekwad
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3
The consent terms without enclosures, for ease of reference,
is scanned and reproduced hereinbelow :
Gauri Gaekwad
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Gauri Gaekwad
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4 Suit accordingly stands decreed in terms of prayer
clauses – (a) and (b), which read as under :
(a) that the defendant by itself, its servant and agents be restrained by a perpetual order and injunction using the impugned mark, i.e., Parapain or any other deceptively similarly Trade Mark so as to infringe the plaintiff's registered Trade Mark bearing No.2021700.
(b) that this Hon'ble Court be pleased to grant a perpetual order and injunction restraining the defendant by itself, its agents and servants from using in relation to any pharmaceutical preparations the impugned mark and the impugned label/carton (Exhibit D hereto) or any other deceptively similar Trade Mark and/or label/carton so as to pass of or enable others to pass of the Defendant's goods as and for the goods of the plaintiff.
Gauri Gaekwad
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5 Drawn up decree dispensed with. Refund of court fees, if any,
in accordance with rules.
6 All interim applications, including leave petition stand disposed. All interim orders also stand vacated.
7 Court Receiver stands discharged subsequent to destruction of goods without passing of accounts. Undertaking of defendant to pay all charges of Court Receiver within one week of receiving the
communication from Court Receiver is accepted and so ordered.
(K.R. SHRIRAM, J.)
Gauri Gaekwad
K.R. SHRIRAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
