LAWS(DLH)-2011-7-344

NOVARTIS AG Vs. ALLENBURY BIOTECH PVT LTD

Decided On July 18, 2011
NOVARTIS AG Appellant
V/S
ALLENBURY BIOTECH PVT. LTD Respondents

JUDGEMENT

(1.) The present suit has been filed by the plaintiff seeking permanent injunction, restraining infringement of trade mark and copyright; passing off, damages and delivery up.

(2.) The plaintiff is a company incorporated under the laws of Switzerland, having its corporate office at CH 4002, Basel, Switzerland. The plaintiff company is a global leader in healthcare and a manufactures and markets pharmaceutical products and preparation for distribution all over the world. Its products are also sold and distributed in India through its majority owned subsidy Novartis India Limited.

(3.) It is averred in the plaint, that the plaintiff is the proprietor of the trade mark TRIAMINIC in respect of medicinal formulation containing the active ingredients Chlorpheniramine Maleate, Dextromethorphan as Pseudoephedrine HCl. The trade mark TRIAMINIC is a coined word and has not been derived from nay of the active ingredient present in it. It is a distinctive trade mark nad has been used in India since the year 1990 when One Pearl Organics Ltd. which was later named as Wanbury Ltd., was the distributer of the plaintiff?s TRIAMINIC products in India until the year 2003. Another product of the plaintiff is a cough syrup under the trademark T-MINIC. The detail of the plaintiff is the registered owner of the following trade marks in India: <FRM>JUDGEMENT_3019_ILRDLH21_2011_1.html</FRM>