Disposed

Sun Pharmaceutical Industries Ltd. v. Protrition Products LLP & Ors.

Delhi HC7 Nov 2024CS(COMM)/533/2022

Case brief

AI extract

What is this about?

The Single Judge dispatched a batch of commercial applications including trade mark oppositions and field applications. The Court observed that the parties had executed a settlement agreement via the Delhi High Court Mediation Centre regarding a pending suit below (CS(COMM) 533/2022). Based on this settlement, the Court decreed the suit, dismissed the rectification petitions as withdrawn, and dire

What did the court decide?

Suit CS(COMM) 533/2022 decreed in terms of settlement; rectification petitions dismissed as withdrawn; defendants instructed to apply for withdrawal of registrations; Registry directed to send order t

Sun Pharmaceutical Industries Ltd. Vs Protrition… — Intellectual Property | Delhi HC (2024)

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$~7 to 17

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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C.O. (COMM.IPD-TM) 698/2022 & I.A. 11429/2022 SUN PHAMACEUTICAL INDUSTRIES LTD. .....Petitioner Through: Mr. Sachin Gupta, Ms. Prashansa Singh and Mr. Rohit Pradhan, Advs. M: 9811180270

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versus

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CONTINENTAL MILKOSE (INDIA) LTD & ANR. .....Respondents Through: Ms. Amrita Grover, Adv. (Through VC)

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C.O. (COMM.IPD-TM) 702/2022 & I.A. 11525/2022 SUN PHARMACEUTICAL INDUSTRIES LTD. .....Petitioner Through: Mr. Sachin Gupta, Ms. Prashansa Singh and Mr. Rohit Pradhan, Advs. M: 9811180270 versus CONTINENTAL MILKOSE INDIA LTD. & ANR. .....Respondents Through: Ms. Amrita Grover, Adv. (Through VC)

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C.O. (COMM.IPD-TM) 703/2022 & I.A. 11527/2022 SUN PHARMACEUTICAL INDUSTRIES LTD. .....Petitioner Through: Mr. Sachin Gupta, Ms. Prashansa Singh and Mr. Rohit Pradhan, Advs. M: 9811180270 versus CONTINENTAL MILKOSE INDIA LTD. & ANR. .....Respondents Through: Ms. Amrita Grover, Adv. (Through VC)

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Page 1 of 7

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C.O. (COMM.IPD-TM) 698/2022

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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 11/11/2024 at 11:58:28

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+ C.O. (COMM.IPD-TM) 704/2022 & I.A. 11529/2022

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SUN PHARMACEUTICAL INDUSTRIES LTD. & ORS.

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.....Petitioners

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Through: Mr. Sachin Gupta, Ms. Prashansa Singh and Mr. Rohit Pradhan, Advs. M: 9811180270 versus

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CONTINENTAL MILKOSE INDIA LTD. & ANR. .....Respondents Through: Ms. Amrita Grover, Adv. (Through VC) 11 + C.O. (COMM.IPD-TM) 705/2022 & I.A. 11538/2022 SUN PHAMACEUTICAL INDUSTRIES LTD. .....Petitioner Through: Mr. Sachin Gupta, Ms. Prashansa Singh and Mr. Rohit Pradhan, Advs. M: 9811180270 versus CONTINENTAL MILKOSE (INDIA) LTD & ANR. .....Respondents Through: Ms. Amrita Grover, Adv. (Through VC) 12 + C.O. (COMM.IPD-TM) 706/2022 & I.A. 11540/2022 SUN PHAMACEUTICAL INDUSTRIES LTD. .....Petitioner Through: Mr. Sachin Gupta, Ms. Prashansa Singh and Mr. Rohit Pradhan, Advs. M: 9811180270 versus

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CONTINENTAL MILKOSE INDIA LTD & ANR. .....Respondents Through: Ms. Amrita Grover, Adv. (Through VC)

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Page 2 of 7

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C.O. (COMM.IPD-TM) 698/2022

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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 11/11/2024 at 11:58:28

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C.O. (COMM.IPD-TM) 707/2022 & I.A. 11542/2022

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SUN PHAMACEUTICAL INDUSTRIES LTD. .....Petitioner Through: Mr. Sachin Gupta, Ms. Prashansa Singh and Mr. Rohit Pradhan, Advs. M: 9811180270

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versus

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CONTINENTAL MILKOSE INDIA LTD & ANR. .....Respondents Through: Ms. Amrita Grover, Adv. (Through VC)

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C.O. (COMM.IPD-TM) 708/2022 & I.A. 11575/2022

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SUN PHARMACEUTICAL INDUSTRIES LTD. .....Petitioner Through: Mr. Sachin Gupta, Ms. Prashansa Singh and Mr. Rohit Pradhan, Advs. M: 9811180270

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versus

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CONTINENTAL MILKOSE INDIA LTD. & ANR. .....Respondents Through: Ms. Amrita Grover, Adv. (Through VC)

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C.O. (COMM.IPD-TM) 765/2022, I.A. 18443/2022 & I.A. 18444/2022

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SUN PHARMACEUTICAL INDUSTRIES LTD. .....Petitioner Through: Mr. Sachin Gupta, Ms. Prashansa Singh and Mr. Rohit Pradhan, Advs. M: 9811180270

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versus

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PROTRITION PRODUCTS LLP & ANR. .....Respondents Through: Ms. Amrita Grover, Adv. (Through VC)

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Page 3 of 7

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C.O. (COMM.IPD-TM) 698/2022

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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 11/11/2024 at 11:58:28

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C.O. (COMM.IPD-TM) 772/2022, I.A. 19181/2022 & I.A. 19182/2022

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SUN PHARMACEUTICAL INDUSTRIES LTD. .....Petitioner Through: Mr. Sachin Gupta, Ms. Prashansa Singh and Mr. Rohit Pradhan, Advs. M: 9811180270

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versus

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PROTRITION PRODUCTS LLP & ANR. .....Respondents Through: Ms. Amrita Grover, Adv. (Through VC)

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17 + CS(COMM) 533/2022, I.A. 876/2023, I.A. 26249/2023 & I.A. 2525/2024 SUN PHARMACEUTICAL INDUSTRIES LTD. .....Plaintiff Through: Mr. Sachin Gupta, Ms. Prashansa Singh and Mr. Rohit Pradhan, Advs. M: 9811180270

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versus

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PROTRITION PRODUCTS LLP & ORS. .....Defendants Through: Mr. Pranav Sapra and Mr. Abhijeet Kumar, Advs. for D-4 M: 9953290847 Ms. Amrita Grover, Adv. (Through VC)

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 07.11.2024

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Settlement Agreement dated 21^st October, 2024, has been received by which the parties have settled their pending disputes.

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Page 4 of 7

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C.O. (COMM.IPD-TM) 698/2022

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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 11/11/2024 at 11:58:28

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The suit being CS(COMM) 533/2022 , was filed by Sun Pharmaceutical Industries Ltd. for seeking permanent injunction restraining infringement of trademark, passing off, unfair competition, delivery up, damages, rendition of accounts of profits, etc.

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The Sun Pharmaceutical Industries Ltd. has also filed the present cancellation petitions before this Court.

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Further, the Sun Pharmaceutical Industries Ltd. has also filed the oppositions before this Trademark Registry which are currently objected and/or opposed, details of which are as follows:

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Vide judgment dated 24^th November, 2023, this Court had passed an order thereby injuncting the defendants from using the impugned mark ‘Abbzorb’, in the following manner:

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“xxx xxx xxx

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37. In view of the aforesaid discussion and observations, pending disposal of the suit, the defendants, as well as all others acting on their behalf, shall stand restrained from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in dietary/ health supplements, nutraceuticals, apple cider vinegar and promotional material such as t-shirt, shaker, bags, face mask or any other goods under the impugned marks ABBZORB, ABBZORB NUTRITION,

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, and or any other trade mark as

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C.O. (COMM.IPD-TM) 698/2022

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Page 5 of 7

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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 11/11/2024 at 11:58:28

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may be deceptively similar to the Plaintiff’s trade mark ABZORB, pending disposal of the present suit.

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xxx xxx xxx”

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Subsequently, CS(COMM) 533/2022 was referred for mediation before the Delhi High Mediation and Conciliation Centre, where the parties have negotiated a settlement and executed the Settlement Agreement dated 21^st October, 2024.

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Learned counsel appearing for the parties confirm the terms of the settlement and submit that suit being CS(COMM) 533/2022 , be decreed and the rectification petitions be disposed of in terms of the Settlement Agreement between the parties.

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This Court has perused the terms of the settlement and finds the same to be lawful.

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In terms of the settlement, the defendants have agreed that the order dated 24^th November, 2023 shall be made final and the suit be decreed in terms thereof. Further, the defendants confirm that they have given up the current usage of the impugned marks. Further, the defendants shall file their application for withdrawal of the registrations and pending applications for the impugned marks.

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It is further the terms of the settlement that the plaintiff shall withdraw the cancellation petitions pending before this Court. 11. The defendants have further confirmed that they have no pending stocks of the products under the impugned marks and have provided the last batch details of the impugned goods, details of which, are given in the Settlement Agreement between the parties.

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Further, in terms of the settlement, defendant nos. 1 and 4 have

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Page 6 of 7

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C.O. (COMM.IPD-TM) 698/2022

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deposited with the plaintiff, a sum of ₹7,50,000/- by way of Bank Draft, towards the full and final settlement amount for the litigation cost, as mutually determined between the parties in the mediation process.

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Accordingly, suit, i.e., CS(COMM) 533/2022 , is decreed in favour of the plaintiff and against the defendants in terms of the Settlement Agreement dated 21^st October, 2024, which shall form part of the decree.

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Parties shall remain bound by the terms and conditions of the settlement.

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The rectification petitions are dismissed as withdrawn, in terms of the settlement between the parties.

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As and when the defendants file applications for withdrawal of their registration applications, as given in Para 4 above, for the impugned marks, the Trademark Registry shall expeditiously process the withdrawal applications of the defendants.

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Decree sheet be drawn up.

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Suit, along with the pending applications, as well as rectification petitions, stand disposed of, accordingly.

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The Registry is directed to supply a copy of the present order to the Office of the Controller General of Patents, Designs and Trade Marks of India, on E-mail Id: [email protected], for compliance.

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MINI PUSHKARNA, J

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NOVEMBER 7, 2024/kr

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C.O. (COMM.IPD-TM) 698/2022

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Page 7 of 7

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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 11/11/2024 at 11:58:28

Sun Pharmaceutical Industries Ltd. v. Protrition Products LLP & Ors.

Case brief

What is this about?

What did the court decide?

Sun Pharmaceutical Industries Ltd. v. Protrition Products LLP & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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