STIEFEL LABORATORIES Vs. AJANTA PHARMA LTD.

JUDGEMENT

(1.) Plaintiffs have filed the present suit for permanent injunction for restraining the Defendant from infringing the trademark of the Plaintiff CLINDOXYL and from manufacturing, advertising and marketing its products under the deceptively similar marks CLINOXID / CLINOXIDE / CLINOXIDE-A, passing off and damages.

(2.) Plaintiffs claim to be the members of GlaxoSmithKline group of companies. Plaintiff No. 1 is stated to be engaged in research, development, manufacture, marketing and distribution of a wide range prescription and over-the-counter skin care products of highest quality around the world. In India, Plaintiff No. 1 carries on its business through its subsidiary the Plaintiff No. 2. As per the Plaintiffs, in close association with the subsidiaries and affiliate companies under the GlaxoSmithKline group of companies, the Plaintiffs manufacture and market various dermatology products in India, one of them being CLINDOXYL.

(3.) As per the Plaintiffs, the trademark CLINDOXYL is an invented word having no dictionary meaning and has the highest degree of distinctiveness. The Plaintiffs claim to have adopted the mark in the year 1994 in United States of America in relation to topical gel for the treatment of acne. The said trademark is stated to be continuously and extensively used since then. The Plaintiff claims to have commenced the user of mark CLINDOXYL in India in October, 2010, and is stated to be used in India continuously and extensively since then.