NEOL PHARMA Vs. GURUCHEM LABORATORIES PVT LTD

JUDGEMENT

(1.) This judgment shall dispose of plaintiff's suit seeking permanent injunction against the defendants restraining them from infringing their trademark 'COLINOL' for their pharmaceutical products and passing of their goods as that of plaintiff.

(2.) The plaintiffs contended that plaintiff No.1 is a proprietorship firm having its registered office at Laxmi Narayana Nagar Colony, Hyderabad, Andhra, Pradesh which was formerly known as M/s. Anros Pharma and Shri S. Venkataiah is the proprietor of the said firm. Plaintiff No.2 is contended to be a partnership having its registered office at 9, Nagari Terrace, Soonawala Agiyari Lane, Mahim, Mumbai and Shri S. Venkataiah is one of the partners of the said firm. Shri S. Venkataiah is contended to be the partner and authorized to sign, verify and institute the suit on behalf of plaintiff. The plaintiff asserted that they have trademark 'COLINOL' for their pharmaceutical products and defendants are using the confusingly similar mark 'POLINOL' and passing off their goods as that of plaintiffs.

(3.) According to pleas of the plaintiffs, the trademark 'COLINOL' was originally registered in the name of M/s Noel Pharma and it has been renewed from time to time and is subsisting and in full legal force. The plaintiff No.2 is stated to have become the registered proprietor of the trademark 'COLINOL' w.e.f. 26th November, 2002 by virtue of Assignment and consequent order passed by the Trade Mark Registry, Government of India on 28th February, 2003. Plaintiff No.1 has got the right to use the trade mark 'COLINOL' on account of royalty agreement.