RANBAXY LABORATORIES LTD Vs. CRYSTAL PHARMACEUTICALS

JUDGEMENT

(1.) The plaintiff is a large pharmaceutical company and owns several trademarks, including the mark PENTAGESIC, which is registered in its name in Class 5 in respect of analgesic preparations. The plaintiff-company claims the following sale figures in respect of the medicine being sold by it under the name

(2.) It is alleged in the plaint that the defendant is manufacturing and marketing its drug under the registered trademark PENTAGESIC of the plaintiff. The drug being sold by the plaintiff under the name PENTAGESIC is an anti-inflammatory drug used for management of pain, fever, etc. The drug being sold by the defendant under the said trademark is also an anti-inflammatory tablet being used for the same purpose. It is alleged that the adoption of the mark PENTAGESIC by the defendant is dishonest, actuated with an intention of encashing upon the goodwill and reputation of the plaintiff and is bound to create confusion and deception amongst the purchasing public as well as in the trade. The plaintiff has accordingly sought an injunction restraining the defendant from manufacturing, marketing or selling any medicine under the name PENTAGESIC or any other mark which is identical or deceptively similar to its registered trademark. The plaintiff has also sought delivering up of all the medicines, dies, blocks, cartons, labels, unfinished products, besides damages amounting to Rs 20 lakh.

(3.) The defendant was proceeded ex parte on 17.03.2011 as no one appeared for it despite service on 10.02.2010.