$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 20^th December, 2024 + CS(COMM) 783/2022 with I.A. 18350/2022, I.A. 36369/2024 and O.A. 78/2023 GLAXO GROUP LIMITED ..... Plaintiff Through: Mr. Urfee Roomi, Ms. Janaki Arun and Ms. Anuja Chaudhury, Advocates versus GURMUKH KAPOOR, TRADING AS LEVOTIC PHARMA ..... Defendant Through: Mr. Yogesh Kumar, Advocate CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral)

1. The present suit has been filed seeking relief of permanent injunction restraining the defendant from infringing the trademark and copyright of the plaintiff, passing off, along with other ancillary reliefs.

PLEADINGS IN THE PLAINT

2. The plaintiff, Glaxo Group Limited, is part of the GSK group of companies, and is an international science-led global healthcare company that researches and develops a wide range of innovative medicines and vaccines.

3. The plaintiff has been selling skin creams under the mark ‘BETNOVATE’ globally since 1963. It is stated that skin creams bearing Signature Not Verified Digitally Signed CS(COMM) 783/2022 Page 1 of 10 the plaintiff's ‘BETNOVATE’ marks are packaged and distributed through a network of distributors and stockists across India. These products are also available to Indian consumers through online pharmacies.

4. The plaintiff has been using various marks on and in connection with pharmaceutical products and medicines. These include the mark ‘BETNOVATE’, as well as its formative marks, such as BETNOVATE-N, BETNOVATE-C, BETNOVATE-S, BETNOVATE-M and BETNOVA TE- GM (hereinafter collectively referred to as the “plaintiff's ‘BETNOVATE’

marks”).

5. The plaintiff coined the term ‘BETNOVATE’ many decades ago and the term ‘BETNOVATE’ does not convey any indication of the composition of the pharmaceutical and medicinal products to the ordinary public or to pharmacists. As a result, the plaintiff's ‘BETNOVATE’ marks are inherently distinctive and are entitled to the highest protection under the Trade Marks Act, 1999. Since the initial use, the plaintiff's ‘BETNOVATE’ marks have been prominently used in multiple countries worldwide, including India, for skin creams, ointments, and lotions designed to treat skin irritation, itching, swelling, and redness.

6. The plaintiff owns a valid and subsisting registration for the mark ‘BETNOVATE’, registered via Registration No. 219258 covering “pharmaceutical, veterinary and sanitary substances” in Class 5 in India.

7. The plaintiff has secured almost one hundred and fifty (150) registrations for its ‘BETNOVATE’ marks and has also filed applications to register these marks in various countries and jurisdictions.

8. The plaintiff has provided its annual turnover figures from the year 2001-2021. Since the year 2001, the plaintiff’s annual turnover has exceeded Signature Not Verified Digitally Signed CS(COMM) 783/2022 Page 2 of 10 GBP 20 billion. Details of the annual sales turnover of the plaintiff are provided in paragraph 16 of the plaint. The plaintiff has filed invoices from the years 2011-2021 for the products under its mark ‘BETNOVATE’. Details of sales figures of the plaintiff in respect of its skin creams, ointments and lotions in paragraph 37 of the plaint.

9. The plaintiff extensively advertises its products bearing the ‘BETNOVATE’ marks. The plaintiff has provided marketing expenditure from the years 2010 to 2020 for the products under its mark ‘BETNOVATE’ for its skin creams, ointments and lotions in paragraph 38 of the plaint.

10. The plaintiff has had a presence in India since 1919 through local distributors, however, its direct trading within India officially commenced in 1924. Over the years, the plaintiff has received numerous prestigious awards and recognitions for its significant contributions to the medicinal industry in India. The plaintiff has provided details of its awards and recognitions in paragraph 35 of the plaint.

11. The plaintiff's ‘BETNOVATE’ skin creams sold in the plaintiff's packaging have come to be associat