Disposed

Dr. Reddys Laboratories Limited v. Ikon Pharmachem Pvt. Ltd. and Ors.

Delhi HC7 Oct 2024CS(COMM)/571/2024

Case brief

AI extract

What is this about?

The Delhi High Court decreed a suit for copyright and trade dress infringement based on a settlement between the parties. The defendants acknowledged the plaintiff's rights and undertook to cease manufacturing impugned packaging.

What did the court decide?

Decree passed as per settlement; defendants to cease infringement and transition packaging; full court fee refund directed.

Dr. Reddys Laboratories Limited Vs Ikon Pharmachem Pvt… — Intellectual Property | Delhi HC (2024)

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$~60

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 571/2024 & I.A. 33247/2024, I.A. 41618/2024

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DR. REDDYS LABORATORIES LIMITED ....Plaintiff Through: Mr. Ranjan Narula, Mr. Shakti Priyan Nair and Mr. Parth Bajaj, Advocates

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versus

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IKON PHARMACHEM PVT. LTD AND ORS. .....Defendants Through: Mr. Rahul Verma from Nacent Lifesciences

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CORAM:

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HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 07.10.2024

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I.A. 41618/2024 (Application under Order XXIII Rule 3 read with Section 151 CPC)

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The present application has been filed on behalf of the plaintiff and the defendants jointly under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure, 1908 (“CPC”).

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The present suit has been instituted to protect the plaintiff’s copyright and common law rights in the trade dress, packaging, color scheme and layout of its PRACTIN strip packaging, which has been blatantly copied by the defendants for sale of similar products under the trademark PACYPON.

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It is submitted that during the pendency of the present proceedings, both the parties have arrived at a settlement on the terms and conditions, which are contained in Paragraph 3 of the present application.

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Learned counsels for the parties present before this Court, confirm the terms of the settlement, and pray for the suit to be decreed, in terms thereof. 5. This Court has perused the terms of the settlement and finds the same to be lawful.

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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 14:34:53

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As per the settlement between the parties, defendants have recognized and acknowledged the plaintiff’s exclusive proprietary rights and statutory rights, in the PRACTIN strip packaging, which is reproduced, as under:

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Further, defendant no.1 has undertaken not to manufacture any new batch under the impugned strip packaging on behalf of defendant nos. 2 and 3, or any other firm/company, in the future.

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Likewise, defendant nos. 2 and 3 have also confirmed that they are transitioning to a new packaging, and any new batch will be manufactured using the strip packaging, in the following manner:

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Accordingly, the present suit is decreed in favour of the plaintiff, and against the defendants, in terms of the settlement arrived at between the parties, details of which, are contained in Paragraph-3 of the present application, which shall form part of the decree.

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In view of the fact that the parties have arrived at a settlement, 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 applications, is disposed of.

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MINI PUSHKARNA, J

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OCTOBER 7, 2024 /au

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Dr. Reddys Laboratories Limited v. Ikon Pharmachem Pvt. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Dr. Reddys Laboratories Limited v. Ikon Pharmachem Pvt. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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