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JYOTI SINGH, ANOOP KUMAR MENDIRATTA
Alkem Laboratories Ltd. – Appellant
Versus
Laborate Pharmaceuticals India Ltd. – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)
CM APPL. 28374/2022 & 28375/2022 (Exemption)
Allowed, subject to all just exceptions.
Applications stand disposed of.
FAO (COMM) 94/2022 & CM APPL. 28373/2022
1. Present appeal has been filed under Order 43 Rules 1(r) and 2 CPC read with section 13 of the Commercial Courts Act, 2015, assailing the orders dated 30.05.2022 and 09.06.2022, passed by the learned Trial Court in CS(COMM) No. 394/2022. Appellant herein is the Defendant in the suit and Respondent No.1 is the Plaintiff. The parties are hereinafter referred to by their litigating status in the present appeal.
2. Respondent No.1 (hereinafter referred to as the `Respondent') filed a suit against the Appellant, alleging infringement of trademark and copyright as well as passing off with respect to its registered trademark `LABDIC RELIEF' and packaging thereof as well as unfair competition, dilution, etc. in respect of product being `pain relieving' tablets. Vide order dated 30.05.2022, an ex parte ad-interim injunction was granted by the Trial Court restraining the Appellant from manufacturing, selling or dealing in pharmaceutical preparations under the impugned mark `ALDIGESIC PAIN RELIEF' or any o
The main legal point established in the judgment is the balance of equities between the parties and the maintenance of public interest in permitting the sale of existing stock in trademark infringeme....
Intellectual property Rights - Patent - Infringement of products - Existing stock shows that lot of production of impugned product took place also when pre-grant opposition filed by Association was d....
Injunction – Grant or refusal of interim injunction is absolutely discretionary power of Commercial Court keeping in mind material available before it.
The application of the deceptive similarity test in trademark cases requires heightened scrutiny when the defendant is an ex-employee of the plaintiff, emphasizing the burden to eliminate any dishone....
The burden of proof on an ex-employee defendant in a trade mark infringement case and the relevance of uncontroverted evidence, such as the Court Commissioner's report, in establishing deceptive simi....
The main legal point established in the judgment is that a fresh cause of action does not justify filing a new suit when the matter is part-heard before another court. The judgment also highlighted t....
A plaintiff cannot file multiple suits for the same cause of action concurrently in different jurisdictions; it constitutes forum shopping and is impermissible under Order II Rule 2 CPC.
The court emphasized that applications for injunctive relief must be decided together, as one affects the other, ensuring a fair judicial process.
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