LAWS(DLH)-2023-4-172

GLAXOSMITHKLINE PHARMACEUTICALS LTD. Vs. HORIZON BIOCEUTICALS PVT. LTD

Decided On April 10, 2023
GLAXOSMITHKLINE PHARMACEUTICALS LTD. Appellant
V/S
Horizon Bioceuticals Pvt. Ltd Respondents

JUDGEMENT

(1.) COBADEX is registered, under the Trade Marks Act, 1999, as a word mark in favour of the plaintiff in Class 5, for pharmaceutical goods, with effect from 18/7/1958. The plaintiff alleges that the defendant is using the mark COMODEX which infringes the plaintiff's registered COBADEX mark. The fact that the defendant uses the tag-on 'PLUS', with COMODEX, according to the plaintiff, makes no difference. The infringement remains.

(2.) The plaintiff alleges that the infringement is compounded by the use, by the defendant, of a trade dress which is identical to the trade dress of the plaintiff. These are the rival trade dresses, as provided with the plaint:

(3.) Submissions of Mr. Dushyant Mahant: