LAWS(DLH)-2015-8-341

PARUL HOMOEO LABORATORY PVT. LTD. Vs. ROYAL GROUP

Decided On August 14, 2015
Parul Homoeo Laboratory Pvt. Ltd. Appellant
V/S
Royal Group Respondents

JUDGEMENT

(1.) IA No. 8029/2015 (u/o. 39 R 1 & 2 CPC filed by plaintiff) & IA No. 12390/2015 (u/o. 39 R. 4 CPC filed by defendant)

(2.) PLAINTIFF has filed this suit for permanent injunction, infringement, passing off, rendition of accounts etc. against the defendant. As per the Plaint, plaintiff is a company registered under the Indian Companies Act, 1956 and is carrying on business of manufacturing and marketing of pharmaceutical preparations particularly homeopathic drugs. Address of the plaintiff, as given in the plaint, is that of Kanpur, Uttar Pradesh. Plaintiff claims to be proprietor of trade mark "HAEMOFORTE". It is alleged that plaintiff is using this trade mark right from the 1988. Plaintiff claims to have attained high reputation in the trade, in which it is engaged in, due to high standard of quality maintained by it in respect of its products. Sale of the products under the trade mark "HAEMOFORTE" is stated to be around Rs. 33 lacs during the year 2015.

(3.) IN para 29 of the plaint, plaintiff alleged that this Court has the territorial jurisdiction to entertain the present suit as defendant had been conducting, soliciting, manufacturing, selling, importing, exporting and marketing their products in Delhi within the jurisdiction of this Court. Plaintiff has claimed that it was carrying on its business through authorized distributor, namely, M/s. Arya Homoeopathic Chemist, Shankarpur, Delhi.