Trademark infringement and passing off suit over pharmaceutical marks NEOSPORIN and EYESPORIN. Parties arrived at consent terms; defendant acknowledged plaintiff's prior rights, ceased use of EYESPORIN and packaging. Suit decreed in terms of consent terms with refund of court fees.
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$~30
GLAXOSMITHKLINE PHARMACEUTICALS LIMITED
.....Plaintiff Through: Mr. Vardaan Anand and Ms. Shilpi Sinha, Advocates. M: 8576076592
versus
MR. HARSHIT KUMAR JAIN .....Defendant Through: Mr. Rajendra H. Bhansali and Mr. Sitesh Narayan Singh, Advocates. M: 9582056530
CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R % 10.09.2024
products ‘NEOSPORIN’ and trade dress
The defendant is the marketer of
pharmaceutical preparations under the mark
CS(COMM) 749/2024 Page 1 of 3
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 17/09/2024 at 11:54:07
‘EYESPORIN’/
2.2 Thus, the present suit has been filed alleging that the activities of the defendant are infringing upon the registered mark of the plaintiff.
2.3 The comparative chart of the products of the plaintiff and the defendant, as given in the plaint, is as under:
CS(COMM) 749/2024 Page 2 of 3
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 17/09/2024 at 11:54:07
MINI PUSHKARNA, J
SEPTEMBER 10, 2024/ ak
CS(COMM) 749/2024 Page 3 of 3
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 17/09/2024 at 11:54:07
1 issue framed by the court
Whether the suit for trademark infringement and passing off regarding NEOSPORIN versus EYESPORIN could be decreed on the basis of consent terms between the parties.
GlaxoSmithKline Pharmaceuticals Limited
Mr. Harshit Kumar Jain
Mini Pushkarna
As recorded by the court registry
A suit of a commercial nature above the specified value, governed by the Commercial Courts Act 2015.
Judgements on the same questions, provisions and authorities, from every court
