SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1997 Supreme(Bom) 462

A.S.GARG
WINTHROP PRODUCTS INC. – Appellant
Versus
EUPHARMA LABORATORIES LTD. – Respondent


Advocates appeared:
Sh. Virag Tulzapurkar & Sh. Virendra Tulzapurkar i/b. Gajaria & Co., Advocates, for the Petitioner.
Sh. T.N. Daruwala and Mrs. Rashmi M. Sidhwa i/b. Jahangir, Billimore and Daruwalla Advocates, for the Respondent.

ORDER

A. Y. Sakhare, J. (Oral) - By this motion, plaintiffs are seeking order of injunction against defendants from using in any form or manner trade mark or name PANADOL and/or from passing off or attempting to pass off defendants' product in the name of PANADOL. Plaintiffs' claim is based upon infringement of trade mark and passing off.

2. Plaintiffs are corporation organised and governed by the State of Dalaware and has its head office at U.S.A. Plaintiffs are manufacturer of drugs and pharmaceuticals including an Antipyretic and Analgesic drugs, which is marketed by plaintiff on the trade mark PANADOL, a word mark invented by plaintiffs.

3. Plaintiffs claim to be the proprietor of trade mark PANADOL, which has been registered by plaintiffs in several countries across the world. Plaintiffs sell the said drug in several countries. Plaintiffs have started using this trade mark since about 1955. As per plaintiffs, said trade mark PANADOL is internationally famous mark and has acquired an extensive and valuable goodwill. Plaintiffs' annual global sales of 1994 off PANADOL was 240 million U.S. Dollers. The drug marketed under the trade mark PANADOL is an antipyretic and analgesic and











































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top