GLAXO GROUP LIMITED Vs. MANJIT PATEL

JUDGEMENT

(1.) The judgment shall dispose of the plaintiffs' suit for permanent injunction for infringement of trademark, passing off, rendition of accounts against the defendants for using trade mark `NORTAM' in respect of their antibiotic, antibacterial preparations and substances.

(2.) Brief facts to comprehend the controversy are that the Plaintiff No.1, Glaxo Group Ltd., is a company incorporated under the laws of the United Kingdom and having its registered office at Glaxo Wellcome House, Berkeley Avenue, Greenford, Middlesex, UB60 ONN UK. The plaintiff No.2, GlaxoSmithKline Pharmaceuticals Ltd. is a company incorporated under the Indian Companies Act 1956 and having its registered office at Dr. Annie Besant Road, Worli Mumbai 400 025. The plaintiffs are members of GlaxoSmithKline Group of companies of which GlaxoSmithKline Plc. (hereinafter referred to as "GlaxoSmithKline") is the parent company. GlaxoSmithKline was formed following the merger of Glaxo Wellcome Plct and SmithKline Beecham Plc, one of the world's largest pharmaceutical companies.

(3.) The Plaintiffs are engaged in a world-wide business together and through their subsidiaries/affiliates world-wide, of manufacturing and marketing a wide range of products, inter alia, pharmaceutical and medicinal preparations and health care products of high quality. The Plaintiffs and their subsidiaries and affiliates the world over are one of the world's largest and fastest growing pharmaceutical, consumer and healthcare product companies sharing the corporate vision of research, discovery, development and creation of effective consumer and healthcare products in compliance with stringent quality control standards.