GLAXO GROUP LIMITED Vs. VIPIN GUPTA

JUDGEMENT

(1.) IA No. 1204/2006 is filed by the plaintiff under Order 39 Rules 1 and 2 of the Code of Civil Procedure seeking ad interim injunction. Vide order dated 2nd February, 2006 injunction in the following terms was granted:

(2.) The plaintiff has filed the instant suit for permanent injunction restraining infringement of trade mark, passing off, infringement of copyright, damages, delivery up, etc. against the defendants. The plaintiff submits that the present suit concerns the plaintiffs statutory and common law rights over the trade marks BETNOVATE and CROCIN, their packaging and the heart shaped device encompassing the letters "GSK'. The plaintiff has averred that the plaintiffs are the members of Glaxosmithkline group of companies of which Glaxosmithkline Plc. in conjunction with their affiliate and subsidiaries under the Glaxosmithkline group of companies, they are engaged in the business of manufacturing and marketing of a wide range of pharmaceutical and medicinal preparations and health care products of the highest quality. Some of the well known products are BETNOVATE, CROCIN, IODEX, ENO, ZINETAC, CEFTUM, etc. This suit involves two products, namely, BETNOVATE and CROCIN and in respect of both these products the plaintiffs are the owners of the registered marks. The defendants are manufacturing these very two products under the trade marks which are deceptively similar to the plaintiffs' trade marks. As against BETNO VATE the defendants have adopted the mark BETA VAT. In respect of second product the defendants' mark is CROCIN which is stated to be deceptively similar to that of the plaintiffs' trade mark CROCIN. It is further averred that outer canon and tube packaging of BETNOVATE is also copied by the defendants in respect of its over all colour scheme and logo. Same is the position about the packaging of CORINAL which is similar to that of CROCIN in its packaging and colour.

(3.) The plaintiff submits that the plaintiff is the registered proprietor of the trade mark BETNO VATE bearing number 219258 in Class 5. It is stated that the mark BETNO VATE is an invented word having no dictionary meaning and thus having the highest degree of distinctiveness, connoting the goods of the plaintiffs exclusively. The details of the world-wide product sales for BETNO VATE product are mentioned in para 9 of the plaint. The sales figures of the plaintiffs BETNO VATE products in India and the statement of promotional expenses incurred by the plaintiff No. 2 which includes the mark BETNO VATE are mentioned in para 10 of the plaint. The plaintiffs sell six variants of BETNO VATE skin cream, The composition of the same are mentioned in para 12 of the plaint, The essential features of the outer packaging of BETNO VATE-N have been mentioned in para 13 of the plaint which are........