Disposed

Sun Pharma Laboratories Ltd. v. Lincoln Pharmaceuticals Ltd. & Anr.

Delhi HC16 Oct 2024CS(COMM)/525/2024

Case brief

AI extract

What is this about?

Trademark infringement and passing off suit over 'FLORITA LL' settled via mediation; defendants undertook to cease use of 'FLOBIOTA LL' and adopt 'BIOTA LL'. Suit decreed per settlement with full court fee refund.

What did the court decide?

Suit decreed in terms of Settlement Agreement; defendants restrained from using 'FLOBIOTA LL'; certificate for refund of full court fees issued.

Sun Pharma Laboratories Ltd. Vs Lincoln Pharmaceuticals… — Intellectual Property | Delhi HC (2024)

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$~44

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 525/2024 & I.A. 31757/2024

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SUN PHARMA LABORATORIES LTD. .....Plaintiff

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Through: Ms. Prashansa Singh, and Mr. Sachin Gupta, Advocates (through VC)

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versus

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LINCOLN PHARMACEUTICALS LTD & ANR. .....Defendants

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Through: Mr. Rajat Sinha, Advocate for D-1 Mob: 7080810434

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R

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% 16.10.2024

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Settlement Agreement dated 11^th September, 2024, has been received from the Delhi High Court Mediation and Conciliation Centre.

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The present suit has been filed seeking permanent injunction restraining infringement of trademark, passing off, damages, delivery up, etc., against the defendants.

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The parties were referred to Mediation vide order dated 16^th August, 2024, wherein, the parties have reached a settlement.

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Learned counsels for the parties appearing before this Court have confirmed the terms of the settlement, and pray that the suit be decreed in terms, thereof.

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This Court has perused the terms of the settlement and finds the same

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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 02/07/2025 at 15:01:32

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to be lawful.

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As per the terms of the settlement, the defendants and its related parties have undertaken to refrain themselves from manufacturing, selling, offering for sale, exporting, importing, advertising, directly or indirectly dealing in nutraceutical, and pharmaceutical preparation under the impugned mark ‘FLOBIOTA LL’ and any of its extensions, or any other marks which may be deceptively similar to the plaintiff's trade mark ‘FLORITA LL’ / ‘FLORITA LL’ trade dress.

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The defendants have further undertaken to cease and desist from using the impugned trade mark / trade name ‘FLOBIOTA LL’ and its trade dress. They have further undertaken that they shall use the trade mark / trade name ‘BIOTA LL’ in the trade dress, which has been given in Annexure-D to the present settlement.

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The defendants have confirmed that they shall not use, have not applied, and/ or, applied for registration for any trade mark / trade name, ‘FLOBIOTA LL’ or any other mark deceptively similar to the plaintiff’s mark ‘FLORITA LL’.

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Accordingly, the present suit is decreed in favour of the plaintiff and against the defendants in terms of the aforementioned Settlement Agreement, which shall form part of the decree.

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The parties shall remain bound by the terms of the settlement.

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In view of the fact that the parties have arrived at a settlement, the Registry is directed to issue a certificate for refund of full court fees in favour of the plaintiff.

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Let decree sheet be drawn up.

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Accordingly, the present suit, along with the pending application, is disposed of.

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MINI PUSHKARNA, J

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OCTOBER 16, 2024 ak

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Sun Pharma Laboratories Ltd. v. Lincoln Pharmaceuticals Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

Sun Pharma Laboratories Ltd. v. Lincoln Pharmaceuticals Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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