GLAXO INDIA LIMITED Vs. DRUG LABORATORIES

JUDGEMENT

(1.) The plaintiff is the owner of registered trade mark GLAXO of Glaxo India Limited Company incorpoorated under the laws of England. Glaxo is one of the world's leading research based pharmaceutical companies. The plaintiff is one of the main respective 10 companies of India who have residual reputation of trade mark GLAXO. Apart from this the plaintiff has been using the mark GLAXO in a special manner which has an artistic work within the meaning of Section 2(c) of the Copy Right Act which encompasses painting, a sculpture, a drawing, engraving or a photograph etc.

(2.) It is averred that during the fourth week of July 2000 the plaintiff came across a medicine namely ORTHODE manufactured and marketed by the defendant.On the said product it was written that the 'roduct is cooperated by Glaxo Ayurvedi Limited'. In the price list also .the defendants have been using the said trade mark GLAXO with effect from 1/04/2000. According to the plaintiff he has got no company in the name of Glaxo Ayurvedi Limited nor have they authorized the defendant to use the mark Glaxo. Since the defendant is making mis-representation in the public at large and is circulating the price list all over India it gives an impression that the defendant has got relation or connection with the plaintiff or has got some authority to use the said name. It is averred that the expression 'co-operated with GLAXO Ayurvedi Ltd.'is an essential feature of the defendants' name and is, therefore, a calculated move which is intended to deceive the public and to trade upon the plaintiff's goodwill, name and reputation as it deals with the same set of customers. They are likely to be confused and deceived as they would not be able to distinguish the goods of the plaintiff and defendants.

(3.) Despite service of the summons of the suit the defendant did not put in appearance to contest the suit and was proceeded ex parte.