BOEHRINGER INGELHEIM PHARMA Vs. PREMCHAND GODHA

JUDGEMENT

(1.) IA Nos.13529 of 2013(by Defendants under Order XXXIX Rule 4 CPC) & 10330 of 2013 (by Plaintiff u/o XXXIX Rules 1 and 2 CPC) 1. Is the trademark 'MUCOSOLVIN', used by the Defendants to describe their cough syrup, deceptively and confusingly similar to the Plaintiff's trademark 'MUCOSOLVAN', also used for cough syrup? That is the short question that arises in these applications under Order XXXIX Rules 1 and 2 CPC by the Plaintiff and Order XXXIX Rule 4 by the Defendant.

(2.) The Plaintiff, Boehringer Ingelheim Pharma Gmbh & Co. KG, is a German company, having its principal place of business at Ingelheim am Rhein, Germany. It is a pharmaceutical company having more than 145 affiliated companies. It is stated that beginning in the year 1885, the Plaintiff has become a global enterprise and is considered to be one of the leading pharmaceutical companies. In India, the Plaintiff conducts its business through its subsidiary Boehringer Ingelheim India Pvt. Ltd.

(3.) The Plaintiff's trademark 'MUCOSOLVAN' is stated to be used in pharmaceutical preparations for treatment of productive cough. The Plaintiff states that it adopted the trademark 'MUCOSOLVAN' in 1975 and has been using it continuously since 1979. It is stated that 'MUCOSOLVAN' is a coined word and inherently distinctive and, therefore, entitled to maximum protection. It is stated that the active pharmaceutical ingredient ('API') in 'MUCOSOLVAN' is Ambroxol. It is submitted that 'MUCOSOLVAN' is not a trademark derived from the API. The Plaintiff markets a wide range of products under the 'MUCOSOLVAN' trademark which are available in 56 countries and enjoy an immense reputation. The worldwide sales figure for 'MUCOSOLVAN' products for 2007-2011 is stated to be 6,839 million Euros. The worldwide promotional expenditure for 'MUCOSOLVAN' is stated to be 1,888 million Euros.