Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
MINI PUSHKARNA
Sun Pharma Laboratories Ltd – Appellant
Versus
Interio International P Ltd – Respondent
| Table of Content |
|---|
| 1. plaintiff seeks injunction (Para 1 , 2 , 3 , 4) |
| 2. local commissioners seized products (Para 5 , 6 , 7 , 8 , 8 , 9) |
| 3. status report on defendants (Para 10 , 11 , 12 , 13 , 14) |
| 4. defendants' readiness to suffer decree (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 5. costs awarded to plaintiff (Para 21 , 22 , 23 , 24) |
ORDER :
MINI PUSHKARNA, J.
I.A. 32022/2024 (Application seeking Summary Judgment under Order XIII-A of Commercial Courts Act, 2015 read with Section 151 of CPC and Rule 27 of the Delhi High Court IPD Rules, 2021)
1. The present application has been filed seeking a summary judgment on behalf of the plaintiff under Order XIII-A of Commercial Courts Act, 2015 read with Section 151 of Code of Civil Procedure, 1908 (“CPC”) and Rule 27 of the Delhi High Court Intellectual Property Division Rules, 2021 (“IPD Rules”).
2. The present suit has been filed by the plaintiff seeking permanent injunction restraining the defendants from dealing in medicinal and pharmaceutical products under the impugned mark OMRA, which is deceptively similar to the plaintiff's prior used and well -known trademarks OXRA and/or OXRAMET.
3. The plaintiff seeks a summary judgment against the defendants
The court granted a permanent injunction against defendants for using a deceptively similar trademark, affirming the plaintiff's established rights over their well-known trademarks.
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 court affirmed that summary judgment can be granted when a defendant lacks a real prospect of successfully defending against claims of trademark infringement.
Merely riding on strength of his trade mark registration, is indulging in conduct which is not transparent.
The central legal point established in the judgment is the protection of a trademark based on substantial sales and investment, cancellation of a rival trademark, and the influence of medical prescri....
Court ruled that habitual infringement of trademarks in pharmaceuticals demands strict judicial action, including severe penalties and compliance oversight.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
