GLAXOSMITHKLINE PHARMACEUTICALS LTD Vs. THEODAR LABORATORIES PVT LTD

JUDGEMENT

(1.) The plaintiff has filed a suit for permanent injunction, infringement of copyright, passing of, rendition of accounts and delivery up, etc. in respect of the packaging of the plaintiff for its product VIMERAL.

(2.) The plaintiff claims to be a Member of the Glaxo Wellcome Group of Companies having presence all over the world including in India. The plaintiff is engaged in manufacture, marketing and distribution of pharmaceutical, medicinal and veterinary preparations and is the registered proprietor of the trademark VIMERAL which is vitaminised food stuffs and food supplements for animals.

(3.) The grievance made in the suit is in respect of the packaging Annexure P-1 of the plaintiff for sale of the said product VIMERAL. The packaging is stated to be used since 1989.