MUKTA GUPTA
Smithkline Beecham Ltd – Appellant
Versus
Hanish K Ajmera – Respondent
1. Both the applications can be decided by a common order as one seeks grant of interim injunction pending the disposal of the suit and the other vacation of the ad interim injunction granted on 12th December, 2011 by this Court in favour of the plaintiff.
2. Learned counsel for the plaintiff contends that the registration of the trademark CROCIN a Paracetamol tablet in favour of the plaintiff relates back to 26th April, 1982. CROCIN is a household name used everywhere. No part of the plaintiff’s mark CROCIN is derived from the Paracetamol and is a coined and adopted name. The defendant infringed the trademark of the plaintiff by adopting the trademark PIROCIN for their Paracetamol tablet. The defendant has not been able to show how it adopted the mark PIROCIN as neither the same relates to the salt in the medicine nor the diseases to be cured. Since it is a case of infringement of plaintiff’s trademark the plaintiff is only required to show that the marks are similar and once the same is shown no further evidence is required to be led. The plaintiff’s existence in India dates back to 1963 when it was first adopted by Dhapur Interfan Limited. The mark was then acquired by
Cadila Health Care Ltd. Vs. Cadila Pharmaceutiacals Ltd. AIR 2001 SC 1952;
Kaviraj Pandit Durga Dutt Sharma Vs. Navratna Pharmaceutical Laboratories AIR 1965 SC 980;
Automatic Electricc Ltd. Vs. R.K. Dhawan & Anr. 77 (1999) DLT 292;
Corn Products Refining Vs. Shangrila Food Products AIR 1960 SC 142;
Amritdhara Pharmacy Vs. Satya Deo Gupta AIR 1963 SC 449;
S.P. Chengalvaraya Naidu Vs. Jagannath AIR 1994 SC 853;
T. Arivandandam Vs. T.V. Satyapal and Anr. AIR 1977 SC 2421
Satish Khosla Vs. Eli Lilly Ranbaxy Ltd. 71 (1998) DLT 1
F. Hoffmann- La Roche and Co. Ltd. Vs. Geoffrey Manners and Co. Private Ltd. AIR 1970 SC 2062
Aviat Chemicals Pvt. Ltd. and Anr. Vs. Intas Pharmaceuticals Ltd. 93 (2001) DLT 247;
B.L. & Co. Vs. Pfizer products Inc. 2001 (93) DLT 346 (DB);
Ramesh B. Desai & Ors. Bipin Vadilal Mehta & Ors. AIR 2006 SC 3672
Ruston & Hornsby Limited Vs. The Zamindara Engineering Co. 1969 (2) SCC 727
41. Ramdev Food Products (P) Ltd. Vs. Arvindbhai Rambhai (2006) 8 SCC 726
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