GLAXSOMITHKLINE PHARMACEUTICALS LTD Vs. NATURE CONCEPT

JUDGEMENT

(1.) This is a suit for permanent injunction, infringement of trademark, copyright, passing off, rendition of accounts and delivery up, etc. The learned Counsel for the plaintiff submits that he is now limiting his prayer to the reliefs of injunction as contained in paragraphs 22(a), (b) and (c).

(2.) Summons were directed to be issued to the defendant and defendant despite service did not enter appearance. Accordingly, on 26.7.2005 this Court directed the defendant to be proceeded with ex pane. The plaintiff was directed to lead its ex parte evidence by way of filing affidavits and documents. The plaintiff, in pursuance thereof, has filed an affidavit of Mrs. Sree K. Patel, who is the constituted attorney of the plaintiff. The plaintiff has also filed four documents which nave been marked as Exhibits P1 to P4. Exhibit PI is the copy of the power of attorney in favour of Mrs. Sree K. Patel. Exhibit P2 comprises the copies of trademark journals in which the plaintiffs trademark VIMERAL was advertised. Exhibit P3 is the original carton/packing material in respect of the mark VIMERAL and Exhibit P4 is the packing used by the defendant pertaining to its product under the mark NIMIRAL.

(3.) The case of the plaintiff is that the plaintiff has been marketing certain Veterinary products which are in the form of liquid supplement of vitamins for cattle and poultry feeding in distinctive packing materials i.e., carton and small bottles of 30 ml, 60 ml and 1 Litre. Its trademark VIMERAL is registered under No. 261741 as of 2.1.1970 in Class 5 and the said trademark was again registere under No. 292578 in Class 31 as of 3.12.1993 in respect of Vitaminized Foodstuffs and Food supplement for animals. The above said marks have been renewed from time-to-time and are still subsisting on the register of trademarks. In support, Exhibit P2 that has been filed by the plaintiff. The mark used for the very same products by the defendant is NIMIRAL. The plaintiff has been able to establish that it is the proprietor of the trademark VIMERAL. It is also the proprietor of the original artistic work in the carton and the packing utilized for the marketing of the said product which is sold under the mark VIMERAL.