LAWS(DLH)-2014-9-435

ALLERGAN INC. AND ANR. Vs. INTAS PHARMACEUTICALS

Decided On September 23, 2014
Allergan Inc. And Anr. Appellant
V/S
INTAS PHARMACEUTICALS Respondents

JUDGEMENT

(1.) C.M. APPL. 8334/2013 (for condonation of delay of 130 days) For the reasons mentioned in the application, C.M. Appl. 8334/2013 is allowed. C.M. APPL. 8335/2013 (for exemption) Allowed, subject to all just exceptions. RFA (OS) 54/2013, C.M. APPL. 8333/2013

(2.) This appeal is directed against an order of the learned single Judge, dated 9th Oct. 2012, in C.S. (OS) 1445 of 2003, which directed dismissal of the plaintiff/appellants suit under Order XII, Rule 6 of the Code of Civil Procedure ("CPC").

(3.) 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.