RANBAXY LABORATORIES LIMITED Vs. AKME DRUG AND PHARMACEUTICALS

JUDGEMENT

(1.) Plaintiff has filed this suit for injunction against the defendants alleging that the defendants are infringing plaintiff's trademark DECAMYCIN by adopting and copying identical label with all its essential features, writing style and placement of words configuration. The averments, which are made in the plaint on the basis of which the suit is filed, are to the following effect.

(2.) The plaintiff is one of the leading manufacturers of pharmaceutical products in India and also has the unique distinction of many pharmaceutical inventions. Amongst the well-known products of the plaintiff is a Cartico Steriod life saving drug under the trademark DECAMYCIN. The said product is essentially a life saving drug. For the purpose of carrying out its activities, the plaintiff has a systematic and the most advanced research and development wing employing exclusively more than 7000 employees including well-known scientists and researchers.

(3.) The plaintiff adopted the trademark DECAMYCIN along with the artistic features of the label thereof way back in 1970 and the said mark has been in extensive and continuous use since then. The trademark DECAMYCIN is coined unique and an invented word. The said trademark along with its essential features and peculiar position of letter 'R' with green patch is unique and distinctive of its style and pattern and is associated with the plaintiff only. The label along with letter 'R' in angular position being highly identifiable and recognizable amongst the purchasing public and people in the pharmaceutical industry on account of its inherent distinctiveness confers upon the plaintiff the exclusive right to the use thereof.