GLAXO GROUP LIMITED Vs. RAJESH BANSAL

JUDGEMENT

(1.) The Plaintiffs have filed the present suit for permanent injunction inter alia seeking to restrain the Defendants from infringing its registered trademarks "BETNOVATE", "DEPENDAL" and "CROCIN", copyright in the packaging pertaining thereto, passing off, delivery up and damages.

(2.) The Plaintiff Nos.1 to 4 are members of the GlaxoSmithKline group of companies, of which GlaxoSmithKline Plc. is the parent company. Plaintiff Nos. 1, 2 and 4 viz. Glaxo Group Limited, SmithKline Beecham Plc. and SmithKline & French Laboratories Limited are companies incorporated under the laws of United Kingdom and England, while Plaintiff No. 3 viz. GlaxoSmithKline Asia Private Limited is a company incorporated under the Indian Companies Act, 1956. Mr Rahul Sethi is stated to be the Constituted Attorney of the Plaintiff Nos. 1, 2 and 4 and Mr. P.N. Haridas to be the Company Secretary of the Plaintiff No.3. A copy of the Power of Attorney in the favour of Mr Rahul Sethi is placed on record by the Plaintiffs and exhibited as Exhibit PW1/1 and a copy of the Power of Attorney in favour of Mr.P.N. Haridas is exhibited as Exhibit PW1/2.

(3.) The present suit at the time of its institution concerned the Plaintiff's intellectual property rights in the trade marks "BETNOVATE", "DEPENDAL" and "CROCIN" and violation thereof by the Defendants on account of use of the identical/deceptively similar marks "BENATE-N", "BIPENDL", "EROCIN" and "PEXMOL" in respect of their business activities. However, by an order dated 11 th February, 2008 this Court was pleased to decree the present suit vis-a- vis trademarks "CROCIN" and "DEPENDAL" in terms of the compromise entered into between the parties. Thus, the suit presently remains contested only vis-a-vis the infringement of Plaintiffs' trademark "BETNOVATE" and the product packaging thereof.