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SANJEEV NARULA
Glaxo Group Limited – Appellant
Versus
Modi Life Care Industries Limited – Respondent
JUDGMENT
Sanjeev Narula, J. (Oral)
1. The Plaintiff has filed the present suit to restrain the use of the marks "BETSONE", "BETASON" and "BETASONE" for pharmaceutical preparations in a silver-coloured aluminium strip, by the Defendant, alleging that the same is deceptively similar to Plaintiff's trademark "BETNESOL" and its variants, which is also packed in a similar trade dress.
2. The Defendant has submitted a written statement in response to the suit. However, Mr. Urfee Roomi, counsel representing the Plaintiff, objects to its admissibility on the grounds that it was filed after the expiry of the statutory period. Consequently, before delving into the substantive arguments and evidence presented by the Plaintiff, it is would be appropriate to first address the question of whether the Defendant's written statement can be considered in these proceedings. To take an informed decision, a detailed understanding of the procedural timelines and sequence of events is first warranted.
Proceedings this far
3. On 02nd June, 2022, while issuing summons in the suit, the Court granted an ex-parte ad-interim injunction in the Plaintiff's favour, restraining the Defendant from using the impugned pac
The Court applied the provisions of the Code of Civil Procedure, 1908 and the Commercial Courts Act, 2015 to address the delay in filing the written statement and to grant a decree based on the decep....
The central legal point established in the judgment is the protection of trademarks, the establishment of statutory and common law rights, and the imposition of costs for trademark infringement.
The main legal point established is that an intent to copy the plaintiff's mark, phonetic similarity, and the use of abbreviations in pharmaceutical product names are crucial factors in determining t....
The court emphasized that the likelihood of confusion due to phonetic, visual, and structural similarities between registered trademarks is critical, particularly in the pharmaceutical industry, warr....
The court found that an ex parte judgment can be granted under Order VIII Rule 10 CPC if the defendant fails to respond, ensuring that the plaintiffs' rights under their registered trademarks are uph....
Prior use of a registered trademark grants exclusive rights, and honest concurrent use is not a defense in trademark infringement unless registered.
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