SOS PHARMA Vs. SAS PHARMACEUTICALS

JUDGEMENT

(1.) This is an appeal against the final decree and judgment dated 11th December, 2014 by which a permanent injunction has been granted against the appellant in the following terms :-

(2.) Counsel for the Appellant/Defendant (hereinafter, "Defendant") submits that the Trade Mark "REGULATOR" has never been used by the Defendant and they are willing to give up the same rather than suffer an injunction for the mark. Submissions have been made only qua the trade name "SOS Pharma", which is also used in a logo and device form. The trade mark application filed by the Defendant is for a device which uses the letter "S+S" in a square form with the words "SOS Pharma" below the same, and as follows:

(3.) Counsel for the Defendant submits that the trade mark application filed by the Defendant is prior to the trade mark application of the Respondent/Plaintiff (hereinafter, "Plaintiff"). The Plaintiff's trade mark application for "SAS Pharmaceuticals" is dated 6th September 1999, whereas the Defendant's application for the above 'SOS Pharma device' is dated 19th March, 1999. He submits that his client is, therefore, entitled to use the mark "SOS Pharma'. On a query from the Court, counsel for the Defendant submits that "SOS" stands for "Save our Soul".