The High Court dismissed a suit for trademark injunction and account of profits due to the suit being pending with no effective progress and the defendant not being served, granting liberty to file a fresh suit.
Suit was dismissed. Liberty granted to institute fresh suit if fresh cause of action arises.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.S.No.1009 of 2001
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2021
CORAM:
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
C.S.No.1009 of 2001
Apex Laboratories Ltd., No.76, C.P.Ramaswamy Road, Alwarpet, Chennai 600 018. ... Plaintiff ..Vs..
M/s.Gleam Pharmaceuticals Pvt. Ltd., 87, Adarsha Pally, P.O. B.D.Span, Khardah, Dist. - 24 Parganas (North) State of West Bengal. ... Defendant
PRAYER : Plaint filed under Order IV O.S.Rules and under Order VII
Rule 1 CPC read with Sections 105 and 106 of the Trade and Merchandise
Marks Act, 1958, prayed for a Judgment and Decree:-
(a) granting a permanent injunction restraining the defendants
above named by themselves, their servants, agents or anyone claiming
through them from in any manner infringing the plaintiff's Registered Trademark ZINCOVIT by using the offending trademark ZICOVIT or
C.S.No.1009 of 2001
ZICOVIT JUNIOR or any other mark or marks which are identical and similar to the plaintiff's registered trademark ZINCOVIT;
(b) granting a permanent injunction restraining the defendants,
their servants or agents or anyone claiming through them from in any manner passing off of their pharmaceutical products bearing the offending trademark ZICOVIT or ZICOVIT JUNIOR as and for the celebrated pharmaceutical products of the plaintiffs bearing the Registered Trademark ZINCOVIT, either by manufacturing, selling or offering for sale or in any manner advertising the same;
(c) Directing the defendants to surrender to the plaintiffs the entire
stock of unused offending cartons bearing the offending trademark
ZICOVIT or ZICOVIT JUNIOR together with blocks and dyes for destruction;
(d) Directing the defendants to render a true and faithful account
of the profits earned by the defendants through the sale of the pharmaceutical products sold under the offending trademark ZICOVIT or
C.S.No.1009 of 2001
ZICOVIT JUNIOR and directing payment of such profits to the plaintiffs for the passing off committed by the defendants;
(e) For costs of the suit.
For Plaintiff : M/s.R.Sathish Kumar
For Defendant : No Appearance
*********
J U D G M E N T
The suit had been pending from the year 2001 onwards. There has
been no effective progress. The defendant had also not been served. In
view of these facts, suit is dismissed. However, liberty is granted to the
plaintiff to institute a fresh suit, if a fresh cause of action arises as against either the defendant or against anybody acting under the defendant or against any third party to protect their Trademark ZINCOVIT.
C.S.No.1009 of 2001
C.V.KARTHIKEYAN, J
rna
costs.
25.03.2021
Index : Yes / No
Web : Yes / No
rna
C.S.No.1009 of 2001
1 issue framed by the court
Whether to allow the plaintiff's suit for permanent injunction and account of profits against the defendant for infringement and passing off.
2 provisions across 2 enactments
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
