ALLEGRAN INC Vs. INTAS PHARMACEUTICALS

JUDGEMENT

(1.) The subject suit has been filed by the plaintiffs claiming reliefs of injunction, damages etc with respect to the plaintiff No.1's registered trademarks BOTOX and BTX-A. The trademark BTX-A was registered during the pendency of the suit, pursuant to which the plaint was amended and the relief of infringement etc was claimed on the ground of registration of trademark BTX-A. As is being mentioned later, the defendant lays no claim to the trademark "BOTOX" and the dispute survives only qua the trademark BTX-A used by the defendant. The product in question of both the parties is a pharmaceutical product used for therapeutic treatment of neurological disorders and muscle dystonias. This product is in injection form.

(2.) The suit is being disposed of on the principles of Order 12 Rule 6 of Code of Civil Procedure, 1908 (CPC) as only the admitted position in the plaint is being considered. There is no requirement of framing issues on trial in view of the limited and admitted nature of controversy.

(3.) Counsel for the plaintiffs does not dispute that the trademark BTX-A was registered on 10.2.2005 w.e.f 5.6.2002. The application for registration was filed in June, 2002. Counsel for the plaintiffs also does not dispute that since the year 2002 till date i.e for over 10 years the plaintiffs have not sold their goods being injections under the trademark BTX-A in India. The amended plaint makes no reference to sale of goods in India under the mark BTX-A. Counsel for the plaintiffs agrees that the only issue to be decided in this case is that whether the plaintiff No.1 is entitled to reliefs on the ground of existing registration of the plaintiff No.1 with respect to trademark BTX-A, and which registration continues to be valid.