ALKEM LABORATORIES LTD Vs. MEGA INTERNATIONAL P LTD

JUDGEMENT

(1.) The plaintiff has filed this suit for permanent injunction, passing off, rendition of accounts and delivery up etc. in respect of the trademark "GEMCAL" in relation to medicinal preparations.

(2.) The plaintiff is a company incorporated under the Companies Act, 1956 and is stated to be carrying on business inter alia as a manufacturer, seller and dealer of pharmaceutical and medicinal preparations.

(3.) The plaintiff claims to have adopted the trademark GEMCAL in August 1999. It is stated that the plaintiff applied for registration of the said trademark in Class 5 in respect of medicinal and pharmaceutical preparations and substances on 17/4/2000 and in the month of July 2000, the plaintiff started manufacturing and marketing its products on a commercial scale bearing the said trademark. The plaintiff claims to have spent a huge amount for popularising the product through advertisements by circulation of trade literature including pamphlets, product information brochures, physician samples etc. Ex. P-11 which is the C.A. certified sales turnover and promotional expenses of the plaintiff shows that in the year 2000- 2001, 2001-2002 and 2002-2003, the expenses incurred towards samples and sales promotion are 15.54, 24.37 and 62.12 lacs respectively. The plaintiff claims that its product "GEMCAL" is fast acquiring reputation, goodwill and market sale.