GLAXOSMITHKLINE PHARMA LTD. Vs. HIDUSTAN MEDIBIOTIC

JUDGEMENT

(1.) The plaintiff is engaged inter-alia in the manufacture, marketing and world-wide distribution of a wide-range of pharmaceutical, medicinal and veterinary preparations under various trademarks and copyrights. The present suit is with respect to the trademark HITEK and the copyright of the artistic work of the packing material/carton of the product. The plaintiff has contended that it is the proprietor of the said trademark and that the registration of the trademark is pending in the trademark registry vide application No. 1176779 in Class-5. The plaintiff has claimed to be the user of the said trademark since January 2003.

(2.) The plaintiff seeks permanent injunction against the infringement of copyright and passing off with respect to the plaintiff's packaging under the trademark HITEK in respect of pharmaceutical, veterinary and sanitary substances. The plaintiff has contended that the defendant is marketing its product ITEK, which is deceptively similar to the trade mark, packing carton, get-up, and colour scheme of the plaintiff's product.

(3.) The plaintiff has contended that it is using the said trademark HITEK in respect of Ivermectin Injection which is used for the treatment and control of internal and external parasites of cattle, sheep and camel. The HITEK injection is said to contain a combination of Ivermectin B.P. 10mg and Benzyl Alcohol I.P.85 15mg for each ml.