SANOFI & ANR Vs. FAISAL MUSHTAQ & ORS

JUDGEMENT

(1.) A decree of permanent injunction restraining the Defendants, their partners or proprietors, principal officers, servants, agents and distributors and all others acting on its behalf as the case may be from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in any manner with products and services including but not limited to pharmaceutical products, Active Pharmaceutical Ingredients (APIs); bio-similar products; research for development of pharmaceutical drugs, new chemical entities etc. and/or any other goods and/or services using the tag-line A Universal healthcare provider focused on patients' needs, the trademark SNOFINN, trading name SNOFINN PHARMACUEITCALS, SNOFINN PHARMA, SNOFINN, the logos, , the domain name www snofinn.com or any other trademark, trading name (including as part of domain name) similar thereto, or containing the Plaintiffs' trademark SANOFI[2]; , and www sanofi.com, the plaintiffs' tag-line A global healthcare leader focused on patients' needs and any other trademark, trading name, artistic work, tag-line deceptively similar thereto leading to:

(2.) On 31st May, 2018, this Court granted an ex parte ad interim injunction in favour of the plaintiffs and against the defendants. The relevant portion of the said order is reproduced hereinbelow:- "Consequently, till further orders, the defendants their partners or proprietors, principal officers, servants, agents and distributors and all other acting on its behalf as the case may be are restrained from manufacturing, selling, offering for sale, advertising, directly and indirectly dealing in any manner with products and services using the tag-line "A universal healthcare provider focused on patients' needs" and/or the trademark SNOFINN and/or trading name SNOFINN PHARMACEUTICALS and/or SNOFINN PHARMA[1] and/or SNOFINN and/or the logos, / /and/or the domain name www snofinn.com and/or any other trademark, trading name (including as part of domain name) similar thereto, or containing the plaintiffs' trade mark SANOFI and/or / and/or www sanofi.com and/or the plaintiffs' tag-line "A global healthcare leader focused on patients' needs' and any other trade mark, trading name, artistic work, tag-line deceptively similar thereto."

(3.) Learned counsel for the plaintiffs states that he has instructions not to press for any relief other than the reliefs prayed for in prayer 91(i), (ii) and (vi) of the plaint. The statement made by learned counsel for plaintiffs is accepted by this Court and plaintiffs are held bound by the same.