Cipla Limited v. Laborate Pharmaceuticals India Limited
Case brief
What is this about?
The Court decreed a suit for trademark infringement and passing off. The defendant undertook to withdraw products, destroy stock, apply for cancellation of registrations, and discontinue use of the mark 'OMNILAB' and 'CIPLADINE, PANTOSEC and OMNILAB'.
What did the court decide?
Defendant to cease use of 'OMNILAB' mark, exhaust stock within three months, destroy residual stock, withdraw online listings within four days, and apply for cancellation of trademark registrations.
What the court decided
$~12
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CS(COMM) 608/2019, CRL.M.A. 10010/2024, I.A. 15286/2019, I.A. 15287/2019
CIPLA LIMITED ..... Plaintiff Through: Mr. Rajiv Nayar, Senior Advocate with Ms. Tusha Malhotra, Ms. Yamini Jaswal and Ms. Manjula Dasgupta, Advocates. versus
LABORATE PHARMACEUTICALS INDIA LIMITED
..... Defendant Through: Mr. Chirag Ahluwalia, Advocate.
CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R % 07.05.2024
- The suit was originally filed with respect to Plaintiff’s trademark “CIPLADINE, PANTOSEC and OMNILAB”.
- The suit already stands decreed in terms of order dated 1st April, 2022 as regards trademarks “CIPLADINE” and “PANTOSEC.”
- As regards the trademark “OMNIGEL”, the Plaintiff’s case is that the Defendant’s registered mark “OMNILAB”,1 is infringing and its use thereof also amounts to passing off of their mark.
Issues for consideration
2 issues framed by the court
Whether the suit should be decreed in view of the defendant's undertaking to cease use of the infringing trademark and associated labels.
Whether the defendant should be granted a time period to exhaust existing stock of the pharmaceutical products bearing the infringing mark.
Parties & counsel
- petitioner
CIPLA LIMITED
- respondent
LABORATE PHARMACEUTICALS INDIA LIMITED
Coram
Sanjeev Narula
Case details
As recorded by the court registry
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