TORRENT PHARMACEUTICALS LTD. Vs. INDORBIT PHARMACEUTICALS

JUDGEMENT

(1.) By virtue of the present suit, the plaintiff seeks passing of a decree of permanent injunction against the defendants with respect to the impugned ORBITCAL-500 label/ artistic work as may be deceptively similar to the plaintiff's SHELCAL-500 label/ carton and strip packaging/ artistic work amounting to infringement of copyright of the plaintiff along with other ancillary relief(s).

(2.) It is the case of the plaintiff that it has acquired several trademarks, including the mark SHELCAL and its variants for Calcium and VitaminD3 supplements, pursuant to an Assignment Deed dtd. 27/6/2014 with Elder Pharmaceuticals Ltd., the plaintiff's predecessor-in-interest, which had been using the same since the year 1996.

(3.) In the month of September, 2022, the plaintiff adopted a new trade dress for its preparation SHELCAL500, the rights whereof were transferred to the plaintiff vide an Assignment Deed dtd. 7/3/2024 executed between the plaintiff and the designer of the said trade dress, with the designing agency as the Confirming Party. The plaintiff also applied for search and issue of certificate under Rule 22(1) of the Trade Mark Rules, 2017 for the said trade dress on 4/4/2024.