SUN PHARMACEUTICALS INDUSTRIES LTD Vs. MUKESH KUMAR P.

JUDGEMENT

(1.) This suit has been filed Sun Pharmaceuticals Industries Limited ('SPIL') against Mr. P. Mukesh Kumar, the proprietor of M/s. Idalis (a division of Marx Remedies) (Defendant No.1), M/s. Marx Remedies (Defendant No.2), Invision Medi Sciences Pvt.Ltd. (Defendant No.3), M/s. Chimak Health Care located at Solan in Himachal Pradesh (Defendant No.4) and M/s. Visions located at New Delhi (Defendant No.5) for a permanent injunction restraining the Defendants from infringing the Plaintiff's trade mark AMLOBET, passing off, rendition of accounts and delivery of the infringing goods of the Defendants etc.

(2.) The case of the Plaintiff is that it coined the mark AMLOBET from the salt Amlodipine and Atenolol used in treatment of high blood pressure and prevention of chest pain. Exhibit PW 1/4 is a photograph of the Plaintiff's medicine being sold and marked as AMLOBET. On 14th October 1996 the Plaintiff obtained a drug licence to manufacture medicines under the aforementioned mark. It has been extensively and commercially used since then. Exhibit PWs 1/6, 1/7 and 1/8 are invoices of the Plaintiff for the years 1998 to 2011 which show sales of AMLOBET. The certificate from the Chartered Accountant ('CA') certifying the annual sales and promotional expenses for the period 2000 to 2011 has been exhibited as PW 1/11. The original literature and packaging material has been exhibited as PW 1/5.

(3.) The case of the Plaintiff is that Defendants 1 to 3 who are located in Bangalore are marketing a similar medicine under the mark AMLOVATE.