NOVARTIS AG Vs. ISHWAR LAL JAIN

JUDGEMENT

(1.) The present Suit is filed by the plaintiffs against the defendants praying for decree of permanent injunction restraining the infringement of trade mark and copyright and also restraining passing off the goods of the defendants as that of the plaintiffs as well as for rendition of accounts and handing over the infringing goods of the defendants to the plaintiffs.

(2.) The plaintiff has stated that it has adopted the trade mark VOVERAN for its pharmaceutical product which according to the plaintiffs has acquired a reputation and goodwill amongst consumers and members of the medical trade. It is also stated that the plaintiffs has incurred huge expenditure for the sale and marketing of the aforesaid product in India for the years 1993-97. It is stated in the plaint that the defendants started manufacturing and marketing a pharmaceutical product under the mark NOVERAN which has a look alike packing as that of the plaintiffs. It is stated that the defendants apart from adopting the trade mark NOVERAN which is virtually identical to the registered trade mark VOVERAN of the plaintiffs has also adopted a packaging which is a colourable imitation of the plaintiffs packaging VOVERAN in terms of get-up, lay-out and colour scheme.

(3.) Accordingly, the present Suit was filed in this Court seeking for the reliefs as set out in para 19 of the plaint. The summons were served on the defendants. However, on 16.8.01 counsel for the plaintiffs stated before the Court that he has instructions from the plaintiff not to press the Suit as against the defendant No. 1. The said statement was accepted and this Court passed an Order dated 16.8.01 dismissing the Suit as against the defendant No. 1 as withdrawn. Inspite of service of summons and notices on the defendant No. 2, no body has put in appearance nor it has filed any written statement and therefore it was ordered that the Suit shall proceed ex- parte as against the defendant No. 2. The plaintiffs were allowed to lead evidence by filing affidavit in terms of which an affidavit by way of evidence is filed which is on record.