PANKAJ Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) C.M. APPL. 8334/2013 ( for condonation of delay of 130 days)

(2.) The facts that give rise to the appeal are that the Appellant, a multinational pharmaceutical company, (hereafter "Allergan" or "plaintiff") holds the registered trademarks for BOTOX and BTX-A in India. The mark "BOTOX" has been used in India continuously since 1992. An application to register the trademark "BTX-A" was made by the Appellant in June 2002.

(3.) A month before Allergan applied to register BTX-A, the Defendant (hereafter called "Intas" or "the defendant"), pursuant to an agreement with a Korean company, secured permission from the Drug Controller of India, to import articles and products under the brand name "BTXA" into India. In January 2003, Allergan sent a "ceaseand- desist" notice to Intas, asking it to desist from using "BOTOX", "BTXA" or any other mark deceptively similar to BTX-A. After correspondence between the parties, Intas refused to do so, and in July 2003, it began to distribute products under the mark "BTXA" in India.