GLAXO GROUP LTD. Vs. UNITED BIOTECH P. LTD.

JUDGEMENT

(1.) THE present suit is filed by the plaintiff seeking a decree of permanent injunction to restrain the defendant from manufacturing, selling, offering for sale, advertising, etc. the medicinal products or other related goods under the trade mark 'HEPROTEC 'or any mark deceptively similar to the plaintiffs 'trade mark 'HEPITEC 'and for other connected reliefs.

(2.) IA No.13265/2011 is an application filed under Order 39 Rules 1 and 2 CPC by the plaintiff seeking interim injunction to restrain the defendant etc. from manufacturing, selling, offering for sale or dealing in medicinal products or other related products under the trade mark 'HEPROTEC 'or any mark deceptively similar to the plaintiffs ' 'trade mark 'HEPITEC '.

(3.) IT is the case of the plaintiffs that plaintiff No. 1 is a company incorporated under the laws of England and Wales and plaintiff No.2 is a company incorporated under the Companies Act, 1956. The plaintiffs are said to be the members of GlaxoSmithKline Group of Companies and engaged in worldwide business of manufacturing and marketing of a wide range of pharmaceutical and medicinal preparations and healthcare products of the highest quality. The word 'HEPITEC 'is said to have been adopted and conceived by the plaintiffs in and around the year 1998. It is stated that the word 'HEPITEC 'is an invented word having no dictionary meaning and thus having the highest degree of distinctiveness, connoting the goods of the plaintiffs. The plaintiffs/their subsidiaries/affiliated companies have obtained registration of the said mark 'HEPITEC 'in several countries including India. In India, the said mark was registered under No. 802647 in Class 5 since 18.05.1998 in respect of pharmaceutical preparations and substances. Plaintiff No. 1 -Glaxo Group Limited is said to be the proprietor of the mark. The registration is still subsisting and in force. The said mark is in the use since 2000 for treatment of Hepatitis. It is stated that the mark has now become a well known pharmaceutical product in India. The excellent quality and proven efficacy of the medicine has it is averred made 'HEPITEC 'highly popular and the medicine has acquired a high level of reputation and goodwill in India. The plaintiffs are identified with the said trade mark 'HEPITEC '. The said medicinal preparations are sold and distributed in India by plaintiff No.2. The sales figures for the period 2006 and 2010 for India have been reproduced and are stated to be as follows: - <FRM>JUDGEMENT_639_ILRDLH24_2014.html</FRM>