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2024 Supreme(Online)(DEL) 17479
HIGH COURT OF DELHI
Anish Dayal, J
ABBOTT GMBH AND & ORS. – Appellant
Versus
ELDER PRROJECT LIMITED – Respondent
CS(COMM) 395/2024
For the Appellants/Petitioners: Mr. Jayant Mehta, Mr. Ranjan Narula, Ms. Aishani Singh, Ms. Shivangi Kohli
For the Respondents: Mr. Kaveesh Nair, Mr. Utsav Saxena, Ms. Mahima Kukherjee, Ms. Rachael Tuli
The court mandates pre-litigation mediation for resolving disputes over trade dress in pharmaceutical products.
Headnote:In this case, the court addressed the matter of trade dress and packaging in pharmaceutical products, emphasizing the need for pre-litigation mediation to resolve the disputes between the parties. The court found it appropriate to facilitate mediation on the terms of settlement and required the defendant to disclose relevant information regarding their packaging and revenue. The court ordered the parties to appear before the mediator and set a future date for further proceedings.
1. At the outset, counsel for the defendant appears on advance notice and states that he has instructions that the defendant shall stop the manufacture and marketing of the pharmaceutical products in trade dress/packaging, impugned by the plaintiff. The said assertion is made by the counsel for the defendant without prejudice to rights and contentions.
2. Pictorial representation of the defendant’s trade dress/packaging compared to the trade dress/packaging used by the plaintiff, is as under:
3. However, in these circumstances, it would be appropriate to refer the parties to pre-litigation mediation before the Delhi High Court Mediation and This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 18/05/2024 at 04:38:45
Conciliation Centre for agreeing to terms of settlement in this regard. Parties with counsel shall appear before the Mediator on 28th May 2024 at 4 p.m. Copy of this order be sent to the Organizing Secretary, Delhi High Court Mediation and Conciliation Centre, for information.
4. Counsel for the defendant shall, during mediation, also disclose the stocks of the current packaging that they have been using, and the revenue earned qua this packaging/ trade dress, by way of an affidavit, which shall be supplied to the counsel for the plaintiff within a period of two weeks.
5. List on 11th September, 2024. In the meantime, as and when parties achieve a settlement, they will be at liberty to file an appropriate application before this Court.
6. Order be uploaded on the website of this Court.
