PFIZER IRELAND PHARMACEUTICALS Vs. INTAS PHARMACEUTICALS

JUDGEMENT

(1.) This order shall dispose of the application registered as I.A.4626/2002, which is filed by the plaintiff under Order 39 Rules 1 & 2 of the Code of Civil Procedure praying for grant of a temporary injunction in favour of the plaintiff and against the defendants restraining passing off of the goods of the defendants as that of the plaintiff under the trademark LIPICOR.

(2.) The plaintiff herein adopted the trademark LIPITOR for a pharmaceutical product containing atorvastatin calcium which is a synthetic lipid lowering agent and an important medicine for the treatment of cardio-vascular diseases especially for reducing cholestrol. The aforesaid trademark of the plaintiff is registered in several countries. The plaintiff is not so far in the Indian market with the aforesaid drug. It is, however, stated that although the plaintiff has not commenced marketing and selling its product LIPITOR in India yet by virtue of extensive use of the said drug under the trademark LIPITOR worldwide, the trademark LIPITOR has become very closely associated with the goods of the plaintiff by enjoying trans-border reputation. It is also contended that the application of the plaintiff for registration of the trademark LIPITOR in India is also pending for consideration and, therefore, there is every possibility of the plaintiff entering into the Indian market with the aforesaid drug in the near future.

(3.) The defendants have also introduced in the market a product under the name LIPICOR for treatment of similar disease and containing similar salt. According to the plaintiff, the aforesaid trademark LIPICOR of the defendants is deceptively and confusingly similar to the plaintiff's world-reknowned trademark LIPITOR and accordingly a notice was sent to the defendants, to which a reply was also sent by the defendants placing reliance on a suit instituted against them by M/s.Aviat Chemicals Private Limited, claiming to be proprietors of the trademark LIPICARD. As the defendants sought to defend their right by claiming exclusiveness to their trademark LIPICOR contending, inter alia, that there would be no confusion or mistake or deceit even if the defendants continue to use the trademark LIPICOR, the present suit was filed in this court praying for a decree of passing off and also for payment of damages etc. No ad interim injunction was granting while issuing notice on the injunction application.