OBSURGE BIOTECH LTD. Vs. GOODMAN GILMANS LIFE

JUDGEMENT

(1.) Cm No.7607/2015

(2.) The appellant is the plaintiff. The respondents are defendants No.1 and 2 in the suit.

(3.) Case pleaded by the plaintiff before the learned Single Judge was that it is the registered proprietor of the trademark OSLAX for pharmaceutical preparations Osmotic Laxative. It is pleaded that the trademark has been coined by taking the first two letters of the word 'Osmotic' and the first three letters of the word Laxative. It is pleaded that the product of the plaintiff has acquired reputation in the market. It is pleaded that the pharmaceutical preparation, as the name would suggest, is Osmotic Laxative. It is pleaded that on or around June, 2012, the plaintiff came across similar pharmaceutical product being manufactured by defendant No.2 and marketed by defendant No.1. The product was also Osmotic Laxative sold under the trademark OSTILAX. It is pleaded that an employee of the plaintiff named Chaman Singh Rana, when in employment, had promoted the defendant companies and had thereafter left the employment.