RECKITT BENCKISER (INDIA) LTD. Vs. DABUR INDIA LTD.

JUDGEMENT

(1.) By this order I propose to decide the application filed by the plaintiffs bearing I.A. No.11442/2014 under Order 39 Rules 1 and 2 CPC in a suit for permanent injunction and damages for trademark and copyright infringement, passing off and unfair trade practices.

(2.) Brief facts as per the plaint are that the plaintiffs are members of the Reckitt Benckiser Group PLC which is stated to be an internationally renowned corporation that operates in many countries around the world through its subsidiaries. The plaintiffs are into the business of various consumer and healthcare products including antiseptic liquid, toilet care products, surface care products, pharmaceuticals, insecticides and food products which bear famous trademarks including Strepsils, Gaviscon, Clearasil, Mortein, Dettol, Harpic, Vanish, Durex and Cherry Blossom.

(3.) It is stated that Reckitt Benckiser is the owner and manufacturer of the globally acclaimed and well known nonprescription drug for heartburn and gastro-oesophageal reflux disease in many countries, traded under the brand GAVISCON. The history of GAVISCON dates back to the year 1960 and in a span of over four decades, as per the plaintiffs, GAVISCON became a household name and the most preferred medicine for patients suffering from heartburn and gastro-oesophageal reflux diseases, this being the medicine of its first kind available in various countries to treat the said medical condition. The plaintiffs marketed and sold GAVISCON in the global markets including United Kingdom, Ireland, Benelux, France, Germany, Spain, Italy, Poland, Austria, Switzerland, etc.