WALTER BUSHNELL PVT. LTD. Vs. MIRACLE LIFE SCIENCES

JUDGEMENT

(1.) The present suit has been filed by the plaintiffs for permanent injunction restraining infringement of trademark, passing off, rendition of accounts of profits/damages, delivery etc. against the defendant. By this order, I propose to decide two pending applications i.e. I.A. No. 1871/2013 (Order 39 Rule 1 and 2 CPC) and I.A.No.2706/2014 (Order 39 Rule 2A CPC).

(2.) Plaintiff No.1 is engaged in the business of pharmaceutical products since past several decades. Plaintiff No.2 has been manufacturing and selling various pharmaceutical products, one of them being under the trade mark DROTIN. Plaintiff No.3 is engaged inter alia in buying and selling the pharmaceutical goods manufactured by plaintiff No.2 including DROTIN. The plaintiffs are the leading pharmaceuticals companies in India.

(3.) Plaintiff No.2 manufactures drugs under the trade mark DROTIN for and on behalf of the plaintiff No.1 under a non-exclusive license. Plaintiff No.2 adheres to all strict quality standards stipulated and monitored by the plaintiff No.1. The products of the plaintiffs under the trade mark DROTIN were first introduced in the Indian markets in the year 1997. The DROTIN tablets manufactured by the plaintiff No.2 are marketed by the plaintiff No.1 in India. Plaintiff No.3, Martin and Harris Pvt. Ltd, who are in the business of pharmaceutical products since 1924 are inter alia manufacturing injections under the trade mark DROTIN under license from the plaintiff no.1 and are in the business of buying and selling pharmaceutical goods manufactured by plaintiff No.2 which are marketed by the plaintiff No.1 in India.