IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.04.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN C.S (Comm. Div.) No.331 of 2023 Apex Laboratories Pvt. Ltd., 29, III Floor, SIDCO Garment Complex, Guindy, Chennai - 600 032 Rep.by its Authorised Signatory, D. Jude F.L.S. Durai Pandian ... Plaintiff Versus

1. Antex Pharma Pvt., Ltd., Plot No.414, EPIP, Sector-53, Phase-3, Industrial area, Kundli, Sonipat, Haryana – 131028. 2.GEOFFREY MANNERS, Plot No.414, First Floor, EPIP, Phase-1, Sector-53, HSIIDC, Kundli, Sonipat, Haryana – 131028.

3.PROGRESSIVE LIFESCIENCES PVT. LTD., Latherdeva Hoon (Manglour Jhabrera Road), Roorkee, Haridwar, Uttarakhand – 247656.

4.CASPIAN PHARMACEUTICALS, Khasra No.932-933/726/86, Suketi Road, Mauza Ogli, Kala AMB, Tehsil Nahan, Srimaur, Himachal Pradesh – 173030. ... Defendants Prayer: The plaint is filed under Order VII Rule 1 of the Code of Civil Procedure, and Order IV Rule 1 of the Original Side Rules r/w Sections 27, 28, 29, 134, 135 of the Trademarks Act, 1999 and Sections 51, 55 and 62 of the Copyrights Act,1957, pleased to grant a judgment and decree on the following terms:-

a) Permanent injunction restraining the Defendant, by itself, its partners, men, servants, agents,distributors, stockiest, representatives or any one claiming through or under them from in any manner infringing the Plaintiff's registered Trademarks ZINCOVIT under No.487453 in Class 5 and other registered Trademarks by using a deceptively similar Trademark GEO ZINCOVIT or any other trademark deceptively similar to the plaintiff's registered trademark or in any other manner whatsoever;

b) A permanent injunction restraining the Defendant, by itself, its partners, men, servants, agents,distributors, stockiest, representatives or any one claiming through or under them from in any manner committing acts of copyright infringement by using, in the course of trade, labels/artistic works which are a substantial reproduction of Plaintiff's registered copyright under No.A54243/1997 in colour scheme, get up and layout for their GEO ZINCOVIT for any tablets, syrup, drops etc., or in any other manner whatsoever;

c) A permanent injunction restraining the Defendant, by itself, its partners, men, servants, agents,distributors, stockiest, representatives or any one claiming through or under them from in any manner passing off and /or enabling others to pass off the Defendant' products under the Trademark GEO ZINCOVIT as and for the plaintiff's products by manufacturing, selling, or offering to sell, distributing, displaying, printing, stocking, using, advertising their products with a trademark and/or label or artistic work that is identical in colour shceme, get up and layout with that of the plaintiff's ZINCOVIT Trademark or artistic work or in any other manner whatsoever;

d) The Defendant be ordered to surrender to Plaintiffs for destruction of all products, labels, cartons, dyes, blocks, moulds, screen prints, packing materials and other materials bearing the trademark GEO ZINCOVIT label or any mark deceptively similar to plaintiffs' trademark and artistic work ZINCOVIT label;

e) A preliminary decree be passed in favour of the Plaintiffs directing the Defendant to render account of profits made by use of trademark and copyright in the artistic work GEO ZINCOVIT label and a final decree be passed in favour of the Plaintiffs for the amount of profits thus found to have been made by the Defendant after the latter have rendered accounts;

f) for costs of the suit;

For Plaintiff : Mr.R.Sathish Kumar For Defendants : Set Ex-parte on 18.04.2024

JUDGMENT

This suit is filed for permanent injunction from infringing the plaintiff's registered Trademarks, committing acts of copyright infringement and from passing off and/or enabling others to pass off the Defendant' products; for ordering the Defendant to surrender to Plaintiff for destruction of all products, labels, cartons, dyes, blocks, moulds, screen prints, packing materials and other materials b