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HIGH COURT OF DELHI
HON’BLE MR. JUSTICE AMIT BANSAL, J
JOHNSON & JOHNSON – Appellant
Versus
PRITAMDAS ARORA T/A M/S MEDSERVE & ANR – Respondent
JUDGMENT :
AMIT BANSAL, J.
1. The present suit has been filed by the plaintiff seeking relief of permanent injunction restraining the defendants from infringing the trade mark, selling counterfeits, and passing off along with other ancillary reliefs.
CASE SETUP IN THE PLAINT
2. Plaintiff [Johnson and Johnson], a company organised and existing under the laws of New Jersey, United States of America, is engaged in manufacturing consumer healthcare products, medical devices and pharmaceutical products. It is stated that the plaintiff has more than two hundred thirty (230) subsidiaries and employs more than one lakh thirty thousand (1,30,000) employees with presence in over sixty (60) countries.
3. Plaintiff’s business is diversified into three segments, namely, consumer healthcare products, pharmaceuticals, and medical devices. In 1949, the plaintiff acquired ‘Ethicon Suture Laboratories’, later renamed to ‘Ethicon Inc’ which manufactures inter-alia, surgical sutures, bleeding management and wound-closing devices.
4. Plaintiff, through its subsidiary Ethicon, manufactures medical devices used for bleeding management and sells them under the trade marks ‘SURGICEL’ and ‘ETHICON’.
5. The plainti
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The court established that the sale of counterfeit medical devices constitutes a grave offense endangering public health, warranting both compensatory and exemplary damages.
Trademark infringement occurs when identical trademarks are used on counterfeit goods, leading to public confusion and deception.
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