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.

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, on the ground that the defendants have no prospect of defending the plaintiff's claims.

4. Vide order dated 28^th March, 2022, this Court had granted an ex parte ad interim injunction against the defendants from using the mark "OMRA" for pharmaceutical medicinal preparation, which is deceptively similar to the plaintiff's trademarks "OXRA" and "OXRAMET."

5. This Court also appointed three Local Commissioners to visit the defendants' premises, to seize the infringing products and prepare inventories. Upon the execution of the local commissions on 08^th April, 2022, the two Local Commissioners seized the infringing products which were found at the premises of the defendants.

6. The relevant extracts of the Local Commissioner Report dated 19^th April, 2022 executed at the manufacturing unit of the defendant no. 3, i.e., 134/2, Mouza Ogli, Village Khari, Sidhoura Road, Kala Amb, Dist.- Sirmour, Himachal Pradesh-173030, is reproduced as under:

“xxx xxx xxx

10. That thereafter the undersigned proceeded to inspect the premises for searching goods and packaging materials of the impugned trademark "OMRA" where the undersigned was accompanied by Mr. Rajesh. The undersigned visited the foiling room, packaging room, sample room, etc. and after a detailed inspection of the entire premises, the following packaging materials were recovered from the premises of the Defendant:

i. A Foil wrap of OMRA-10 weighing 1.69 kg.; 

ii. 150 Boxes of OMRA-5 (5x2xl4 tablets).;

iii. 600 Boxes of OMRA-5 (2xl4 tablets).;

iv. 1000 Boxes of OMRA-10 (2xl4 tablets).;

v. A single sample sale package of OMRA- 10 Tablets (4 strips). 

The abovementioned packaging materials were immediately seized by the "undersigned. On inquiry from the Defendant, the undersigned was informed that the seized inventory is capable of manufacturing approx. 1000 strips of such tablets. A complete inventory list of the seized goods and material was prepared on spot and the original copy of the said Inventory List is annexed hereto and marked as Annexure-C . Photographs of the said seized goods and material are annexed hereto and marked as  Annexure D. xxx xxx xxx”

7. The relevant extracts of the Local Commissioner Report dated 21^st April, 2022 executed at the manufacturing unit of the defendant no. 4, i.e., Plot No. 79,80, Sector 6A, IIE, Sidcul, Haridwar – 249403 , is reproduced as under:

“xxx xxx xxx

5. That Mr Singh and Mr Tyagi (Representatives of the Defendant No. 4), led me along with Ms Meena (Learned Counsel for the Plaintiff) and Mr Rathor (Representative of the Plaintiff) into the factory, and I initiated the search at the Store Room. I found one aluminium packaging printed roll bearing "OMRA 5", and one metallic packaging printed roll bearing "OMRA 10" weighing 5.526 kg and 5.190 kg