MOREPEN LABORATORIES LTD Vs. EAST WEST PHARMA

JUDGEMENT

(1.) The case of the plaintiff in brief is that it has been manufacturing and marketing the medicines since the year 1995 under the brand name 'DOM DT' under Licence No. MB/96/5 and MNB 96/6 which is used for suppressing the stomach infection, nausea and vomiting and that it is the registered trademark under Class 5 and valid up to 14.08.2019. The plaintiff has also given the sales figures as well as the expenditure incurred by it on the publicity, advertisement and marketing for the said trademark.

(2.) It is submitted that in third week of January, 2013 the plaintiff company came to know through one of its sales team member that defendant under the brand name 'DOM' was manufacturing the medicine for curing stomach infection, nausea and vomiting. Hence, it was contended that their brand name DOM has deceptively similar name and this act of the defendant is causing immense financial loss to the plaintiff company. It is submitted that the defendant is not only selling the counterfeit medicine but also infringing the plaintiff's registered trademark by branding its medicine as DOM.

(3.) This Court vide order dated 15.02.2013 while issuing the notice to the defendant of the suit as well as application for grant of ex-parte injunction restrained the defendant by way of an ex-parte injunction. Notices were duly served upon the defendant but none on its behalf had attended the court proceedings and they were proceeded ex-parte by this Court vide order dated 21.11.2013, absolute till the disposal of the suit.