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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sharmila U. Deshmukh, J
Aristo Pharmaceutical Private Limited – Appellant
Versus
Healing Pharma India Private Limited – Respondent
| Table of Content |
|---|
| 1. commencement of registration and use of the trade mark 'aceclo'. (Para 1 , 2 , 3) |
| 2. defense against trademark infringement claims based on public domain status. (Para 4 , 5 , 6) |
| 3. legal reasoning on prohibitions surrounding generic names and rights. (Para 12 , 13 , 14 , 15 , 16) |
| 4. final ruling on trademark infringement claims and public access to names. (Para 18 , 19 , 24) |
| 5. the dismissal of the interim application. (Para 25) |
ORDER :
1. This is an action for infringement of trade mark and passing-o The Plaintiff and the Defendants are pharmaceutical companies engaged in the business of manufacturing and marketing medicinal and pharmaceutical preparations.
2. The Plaintiff’s case is that in or about October, 2003, they originally conceived the trade mark “ACECLO” for use and registration in respect of medicinal and pharmaceutical preparations and similar goods. The mark “ACECLO” is derived from the name Accclofenac. Initially, the Plaintiff had prefixed the trade mark “ACECLO” with “ARISTO” and applied for trade mark registration on 8th October, 2003 in Class 5 on proposed to be used basis, which came to be registered on 3rd September, 2005. It is stated that registe
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