REMIDEX PHARMA PRIVET LTD Vs. SAVITAPHARMACEUTICALS P LTD

JUDGEMENT

(1.) The question that arises for consideration in the present application under Order 39 Rules 1 and 2, CPC is whether the plaintiff is entitled to an interim order of injunction, inter alia, restraining the defendant from using the mark 'EVIT' in respect of its pharmaceutical products. The plaintiff's case is that the defendant's trademark 'EVIT is deceptively similar to the plaintiff's registered trademark 'ZEVIT'.

(2.) The plaintiffs trademark 'ZEVIT' is registered under Registration No. 452526 on 16.4.1986 in respect of Pharmaceuticals, veterinary and sanitary preparations and substances. The original registration was in the name of Eskayef Ltd.The name of that company was changed to Smithkline Beecham Pharmaceuticals (India) Ltd. in the year 1994. By a Deed of Assignment dated 19.1.1998, the said registered trademark was assigned by the said Smithkline Beecham Pharmaceuticals (India) Ltd in favour of the plaintiff. It is the plaintiff's case that the trademark 'ZEVIT' is an invented word having no dictionary meaning and thus has the highest degree of distinctiveness connoting the plaintiffs goods exclusively. According to the plaintiff, the trademark 'ZEVIT' has been used by the plaintiff continuously, regularly and without any hindrance for the last number of years. A sample of the product was annexed as Annexure-B. It indicates that the plaintiff's product 'ZEVIT' is a formulation which contains Zinc Sulphate Monohydrate, Vitamins Bl, B2, B6, B12, Nicotinamide, Calcium Pantothenate and Vitamin C. Essentially, it is a vitamin formulation.

(3.) It is alleged in the plaint that sometime in November, 2002, the plaintiff became aware that the defendant was manufacturing, marketing and selling the vitamin capsules under the trademark 'EVIT'.