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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Zydus Wellness Products Ltd. – Appellant
Versus
Leeford Healthcare Ltd. – Respondent
JUDGMENT :
SANDEEP SHARMA, J.
1. Instant application under Order XXXIX Rules 1 and 2 of The Code of Civil Procedure, 1908 has been preferred at the behest of plaintiff seeking interim injunction to restrain the defendant including entities or/and persons acting for and on its behalf, from violating its statutory and common law rights in its registered trademarks ‘Glucon-D’ and ‘Glucon-C’ and associated registered label marks, as well as trade dress rights in packaging, and copyright in artwork on such labels and packaging, by using the marks ‘Glucose-D’ and ‘Glucose-C. The products are glucose-based powders combining glucose and Vitamin D or Vitamin C to be mixed with water and consumed as an energy drink which are sold and manufactured by both parties. The subject matter of the plaint is a commercial suit as defined in Section 2(1)©(xvii) of The Commercial Courts Act, 2015.
2. Plaintiff, Zydus Wellness Products Ltd, is an Indian company engaged in the business of food, nutrition and skincare products. The plaintiff is, inter alia, the registered proprietor of several trademarks, but for the purpose of the present plaint, the trademarks ‘Glucon-D’ and ‘Glucon-C’ are the ones relevant
Generic and descriptive terms in trademarks cannot be exclusively claimed, and likelihood of confusion must be assessed holistically from the average consumer's perspective.
The distinctiveness of a trademark, statutory defenses, and the descriptive use of trademarks were central to the court's decision.
The court emphasized likelihood of consumer confusion in trademark law, holding that similar marks can infringe established trademarks regardless of differences in service or field, thus supporting t....
The court found that despite phonetic similarity, the distinctiveness of trade marks and differences in intended consumer bases negate the likelihood of confusion and passing off.
The main legal point established in the judgment is that registration under the Copyright Act and Excise Act does not permit infringement of a registered trade mark. The significance of disclaimer in....
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