G D SEARLE LLC Vs. MAIDEN PHARMACEUTICALS LTD

JUDGEMENT

(1.) Common questions arise for consideration in these two applications for ad interim injunction. The same were, therefore, heard together and shall stand disposed of by this common order.

(2.) Plaintiff No. 1 in both these suits is a US based company while plaintiff No. 2 is a leading global pharmaceutical enterprise. Both the plaintiffs boast of a long history of distinguished track record as research oriented pharmaceutical enterprises. Plaintiff No. 3 in the two suits is a Indian Company originally incorporated under the name Searle (India) Ltd. subsequently changed to RPG Life sciences Limited. This company is a multi-product, multi-location and well-diversified company authorised to use LOMOTIL trademark and trade dress in India.

(3.) The defendants in the two suits are Indian companies. While defendant in CS (OS) 1004/2003 was for some time a distributor of the plaintiff's products including the medicine LOMOTIL, the defendant in CS(OS) 1630/2002 is engaged in manufacturing and marketing medicinal and pharmaceutical preparations. The plaintiff's case as set out in the two suits is that plaintiff No. 1 is the original proprietor of what is described as famous anti-diarrhoea drug LOMOTIL. This product is a mixture of two other drugs, i.e., atropine sulphate and diphenoxylate hydrochloride which together form an anti-diarrheal medication. The trademark LOMOTIL is, according to the plaintiff, an invented word and unique and distinctive of the product it is associated with. The plaintiff alleges that the said trademark is derived from the term 'Low Motility' because it controls diarrhoea by decreasing intestinal motility. The medicine is available in two forms, namely, tablets and syrup and is sold in a characteristic blue colour strip using a particular red coloured font and design. These features, according to the plaintiffs, form an important intellectual property and are integral in identifying the product. Together with the trademark LOMOTIL, the distinguishing features are the repository of the plaintiffs' goodwill and reputation. The plaintiffs also claim a copyright in the layout, get up, packaging, colour scheme, lettering and all other artistic work in their product LOMOTIL.