SAGA LIFESCIENCES LIMITED Vs. ARISTO PHARMACEUTICALS PVT. LTD.

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present suit under Sec. 134 and 135 of the Trade Marks Act, 1999 (hereinafter 'Act') for permanent injunction restraining passing off, rendition of accounts, damages, etc. has been filed by the Plaintiff-M/s Saga Life sciences Limited. The Plaintiff seeks to protect the mark "ULTRAMOL" used by it in respect of pharmaceutical preparations. The products of the Plaintiff sold under the brand "ULTRAMOL" are paracetamol preparations in different dosage forms. The grievance of the Plaintiff in the present case is that Defendant No. 1 is also selling identical products under the mark "ULTRAMOL" in different dosage forms of the same medicine, i.e., paracetamol.

(3.) The case of the Plaintiff is that it adopted the mark "ULTRAMOL" in several variants and obtained an approval from the Food and Drugs Control Authority (FDCA), Gujarat (hereinafter "Drug Authority") for manufacturing and marketing of products under the mark "ULTRAMOL" as on 28/11/1991. The Plaintiff launched the products under the said mark in the market in 1992. According to the Plaintiff, products under the mark "ULTRAMOL" are available/promoted on e-commerce platforms such as www.dawabazar.in and www.medindia.net. It is the case of the Plaintiff that the mark "ULTRAMOL" is associated exclusively with the Plaintiff. The mark "ULTRAMOL" has been continuously, uninterruptedly and voluminously used by the Plaintiff in the course of trade and business. The Plaintiff's website www.sagalabs.com also details and lists the products bearing the mark "ULTRAMOL". Thus, the pharmaceutical industry is well aware of the Plaintiff's mark.