Disposed

Sanofi India Limited v. Bullford World Limited & Anr.

Delhi HC27 May 2024CS(COMM)/411/2024

Case brief

AI extract

What is this about?

Plaintiff alleged trademark infringement and passing off of COMBIFLAM by defendants' use of CANIFLAM/BULLFORD CANIFLAM. On consent, suit decreed: defendants to cease manufacture, file stock statement, deplete stock in three months, surrender trademark registration, remove online listings; costs and damages waived and full court fee refunded.

What the court decided

AI extract

Sanofi India Limited Vs Bullford World Limited & Anr. — Intellectual Property | Delhi HC (2024)

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$~37

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 411/2024 & I.A. 29477/2024

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SANOFI INDIA LIMITED ..... Plaintiff Through: Mr. Peeyoosh Kalra, Ms. V. Mohini and Ms. Pragati Agrawal, Advocates.

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versus

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BULLFORD WORLD LIMITED & ANR. ..... Defendants Through: Ms. Rajeshwari H., Mr Deepanshu Nagar and Ms. Saakshi Khandelwal, Advocates.

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CORAM:

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HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R

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% 27.05.2024

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Let the plaint be registered as a suit.

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Issue summons. Summons are accepted by Ms. Rajeshwari H, counsel for Defendants.

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The Plaintiff is the registered proprietor of the trademark “COMBIFLAM” and its derivative variants, which are utilised for pharmaceutical preparations containing ibuprofen and paracetamol tablets. They have instituted the present lawsuit alleging that the Defendants are infringing on their trademark and committing passing off by using the marks “CANIFLAM”/ “BULLFORD CANIFLAM” for identical medicinal products.

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Ms. Rajeshwari H., counsel for Defendants, states that Defendant No. 1 is the registered proprietor of the impugned mark “BULLFORD CANIFLAM” bearing registration No. 4382870, which has been in

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/06/2024 at 10:47:55

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continuous use since 2007. However, with an intent to resolve the suit, the Defendants are agreeable to discontinue the use of the impugned mark “CANIFLAM”/ “BULLFORD CANIFLAM,” provided that the Plaintiff does not insist for the relief of costs or damages against the Defendants.

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Ms. Rajeshwari submits that the Defendants will cease the use of the impugned marks, effective from 01^st June, 2024. She however, requests that the Defendants be granted a period of three months to deplete their existing inventory of pharmaceutical products branded with the impugned mark. Additionally, she undertakes that the Defendants will submit a detailed statement of their stock as of 31^st May, 2024. This statement will include pertinent details, such as batch numbers and dates of manufacture and will be provided by the end of the first week of June.

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In light of the stand taken by the Defendants, Mr. Peeyoosh Kalra, counsel for Plaintiff, on instructions, states that the Plaintiff is willing to waive the relief of costs and damages and the suit can be disposed of on this basis.

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In view of the above, following directions are issued:

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7.1. The suit is decreed, binding the Defendants to the statement made by their counsel.

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7.2. The Defendants shall cease manufacturing of fresh products under the impugned trademark “CANIFLAM”/ “BULLFORD CANIFLAM” w.e.f. midnight of 31^st May, 2024.

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7.3. The Defendants shall submit a statement of their remaining stock that bears the impugned trademarks by the end of the first week of June. This statement must include all relevant details, such as batch numbers and dates of manufacture etc.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/06/2024 at 10:47:55

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7.4. The Defendants are permitted to sell/ dispose of manufactured stock of the impugned products, as detailed in the stock statement, over a period of three months, starting today. Should any unsold stock remain after this stipulated period, it must be destroyed by the Defendants in accordance with applicable laws.

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7.5. Defendant No. 1 shall file an appropriate application/ form for surrender/ cancellation of the trademark registration bearing No. 4382870 in Class 05, with prior intimation to the counsel for Plaintiff. As and when such an application is filed, Registrar of Trademarks shall process the same expeditiously.

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7.6. The Defendants shall remove all listings of the impugned products from third-party websites, within four weeks from today. In the event the Plaintiff finds that any such listing is still available, they shall supply the concerned URLs to the Defendants’ counsel, who shall then take immediate steps to take them down.

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Decree sheet be drawn up.

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Suit and pending application(s) stand disposed of.

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Since the suit is being disposed of on consent terms, Mr. Kalra’s request for refund of court fee is allowed. The Registry is directed to issue a certificate for refund of full court fee in favour of the counsel for Plaintiff for onward remittance to the Plaintiff.

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The next date of hearing fixed before the Joint Registrar, i.e., 21^st August, 2024 stands cancelled.

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SANJEEV NARULA, J

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MAY 27, 2024/ d.negi

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Sanofi India Limited v. Bullford World Limited & Anr.

Case brief

What is this about?

What the court decided

Sanofi India Limited v. Bullford World Limited & Anr.

Case brief

What is this about?

What the court decided

A compact analysis

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Coram

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