GLAXO GROUP LIMITED Vs. PAUM AND PAUM CHEMICALS

JUDGEMENT

(1.) Plaintiff has filed the present suit for permanent injunction, infringement of trademark, passing off, rendition of accounts and delivery up against the defendants.

(2.) Briefly the facts are that the plaintiffs are the owners of the trademark "Ostocalcium" in respect of medicinal and pharmaceutical preparations. Plaintiffs are also stated to be the owners of the trademark "Ostocalcium Vet" in respect of veterinary preparations and medicated additives to feed and foodstuffs for animals and birds. The trade mark Ostocalcium is being used by the plaintiffs in a distinctive packing material. The packing material carton is the original artistic work which has been designed by the plaintiffs. The sale figures for the products of the plaintiffs run into several crores of rupees. The plaintiffs have also spent considerable amount of money on popularising the trademarks. The trademarks of the plaintiffs have acquired goodwill and reputation in India as well as in the international markets.

(3.) It is stated that the defendant is manufacturing and selling the same veterinary products for animal feeding under the trade mark "Oscal-Vet, D3" which is the short name of the plaintiffs' trademark Ostocalcium and is deceptively similar amounting to infringement and passing off. A notice was sent to the defendant calling upon it to stop using the trademark Oscal-Vet, D3 and the device of Oscal-Vet and from using the artistic work of the plaintiff in the carton/packing material in respect of its colour scheme and get-up which is deceptively similar to the packing material of the plaintiff. It is also stated that the packing material used by the defendant is similar to that of the plaintiffs which amounts to infringement of plaintiffs' artistic work. The defendant has copied the colour scheme, get-up and layout and colour combinations. The use of the trademark Oscal by the defendant amounts to infringement of plaintiffs' trademarks. The act of the defendant is mala- fide with an intention to encash upon the goodwill and reputation of the plaintiffs. The defendants are passing off their goods as those of the plaintiffs. The actions of the defendant's actions have caused immense loss and injury to the plaintiffs' name, reputation and goodwill.