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DELHI HIGH COURT
PRATHIBA M.SINGH
Abbott Healthcare Private Limited – Appellant
Versus
Glensmith Labs Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. trademark infringement details (Para 2 , 3) |
| 2. parties' submissions regarding conduct (Para 4 , 5 , 6) |
| 3. court's findings on trademark similarity (Para 7 , 8) |
| 4. final order and conclusion of the suit (Para 9 , 10) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. The present suit has been filed by the Plaintiff seeking permanent injunction, restraining infringement of the trademark, copyright passing off, damages, rendition of accounts, dilution, delivery up, etc. The Plaintiff is stated to have over 14,000 employees with a network of over 5 lakh retailers in India. The Plaintiff seeks protection of its trademark `LIMCEE' which is a chewable Vitamin - C preparation. The said mark was adopted by the Plaintiff's predecessor-in-title Ambalal Sarabhai Enterprises Private Limited in 1977. The said mark was also registered as of 5th October, 2001, with user claimed from 4th January, 1977, bearing registration no. 1049892. Vide Deed of Intellectual Property Assignment dated 8th September, 2010, the predecessor-in-interest had assigned the mark to the Plaintiff. The sales of the Plaintiff are stated to have been in excess of Rs.2,4
The court established that the trademark `LIMCEE` is protected against imitation by `LICMEE`, highlighting the importance of protecting goodwill and enforcing trademark rights.
Deceptive similarity between trademarks and packaging can lead to a finding of trademark infringement under the Indian Trademarks Act, 1999, Section 29.
Unauthorized sale of products bearing registered marks constitutes infringement and passing off under the Trademarks Act, 1999, leading to the grant of a permanent injunction and award of costs to th....
The court affirmed that copyright infringement requires substantial similarity in product packaging which may mislead consumers, justifying injunctive relief to protect trademark integrity.
The exclusive rights of a trademark holder, along with copyright registration, can justify the grant of a permanent injunction and withdrawal of trademark applications in cases of infringement.
The Court affirms the right to seek injunction based on established trademark and copyright infringements due to misleading similarities in branding.
Permanent injunction granted against the defendant for trademark infringement, with plaintiffs waiving claims for damages following mutual consent.
:TRADE MARK – COPYRIGHT - Defendant had encroached upon the plaintiff’s colour scheme and copyright. It would only be appropriate that the plaintiff’s copyright is protected.
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