SUN PHARMACEUTICAL INDUSTRIES LTD. Vs. PUNAM DEVI

JUDGEMENT

(1.) By way of the present suit, Plaintiff seeks a decree of permanent injunction restraining the Defendant, its proprietors, etc., from manufacturing, selling, advertising, etc., any products/services under the impugned tradename/mark RANBAXY LABORATORIES or any other trademark, tradename, domain name, identical or deceptively similar to Plaintiff's trademark RANBAXY or RANBAXY LABORATORIES, amounting to infringement and passing off as well as decree for damages, rendition of accounts and delivery up.

(2.) It is averred in the plaint that Plaintiff (the expression includes predecessors in business and title) is a Company incorporated under the Companies Act, 2013 and started its business of marketing pharma products as a proprietary firm in the year 1978. In 1982, a partnership firm under the name and style of M/s Sun Pharmaceutical Industries was formed to manufacture, deal in and trade into pharmaceutical goods and allied goods and services. On 01.03.1993, the partnership firm was converted into a Joint Stock Company and incorporated as a Company under the present name.

(3.) It is averred that in the year 2014, vide a duly approved Scheme of Arrangement, Plaintiff acquired all assets along with intellectual property of Ranbaxy Laboratories Limited, one of the world's largest pharmaceutical Companies. The Scheme was duly approved and sanctioned by the High Court of Gujarat vide order dated 24.12.2014, in Company Petition No. 219 of 2014 and by the order of High Court of Punjab and Haryana vide order dated 09.03.2015 in Company Petition Nos. 132 and 165 of 2014, in a separate litigation. Plaintiff, by virtue of the said orders, is the recorded proprietor of trademarks earlier owned by Ranbaxy Laboratories Limited.