REDDYS LABORATORIES LIMITED Vs. REDDY PATHLABS PRIVATE LIMITED

JUDGEMENT

(1.) This is an application under Order 7 Rule 10 read with Order 7 Rule 11(a) and (d) CPC filed by the defendant seeking rejection of the plaint/return of the plaint to be presented before a court of competent jurisdiction.

(2.) The plaintiff has filed the accompanying suit seeking an order of permanent injunction to restrain the defendant, its directors, etc. from offering/providing healthcare services including pathology/diagnostic services, etc. under the name/mark DR. REDDYS as part of its domain name/website/trade name, etc. which amounts to infringement of the plaintiff"s trade name/mark DR.REDDY"S which is a registered mark in class 5 and 44. Other connected reliefs are also sought.

(3.) It is the case of the plaintiff that the plaintiff"s mark DR.REDDY"S is registered in India in class 5 since 2001. The plaintiff has also obtained various registrations of the mark DR.REDDY"S in class 5 and 44. In August 2020, the plaintiff"s attention was invited by its representative to a website being operated under the name www.drreddyspathlabs.com. The plaintiff was shocked to learn about the illegal and unauthorised business activities of the defendant/use of an identical trade mark/trade name "DR.REDDYS" as part of domain name/website/trade name. Hence, the present suit.