RANBAXY LABORATORIES LIMITED Vs. DUA PHARMACEUTICALS PRIVATE LIMITED

JUDGEMENT

(1.) The plaintiff has filed a suit alleging that its registered trade mark "CALMPOSE" has been infringed by the defendant, who is manufacturing similar medicine and marketing under the mark of "CALMPROSE". The prayer in the suit is for a perpetual injunction and for a decree for rendition of accounts.

(2.) Along with the plaint the plaintiff has also filed an application under Order 39, Rules 1 & 2 Civil Procedure Code and has prayed for an ad interim injunction. It is averred that the plaintiff has had the trade mark registered since 6th March 1970 and has sold "CALMPOSE" worth about Rs. 40.16 crores since its adoption and has spent about Rs. 16.43 lakhs on sales promotion from January to August, 1987. The said medicine are Diazepam tablets of 5 mg each. It is also contended that not only is the mark of the defendant phonetically and visually similar, but even the packing of the defendant of the said medicine is similar to that of the plaintiff. The plaintiff is using two colours, namely, silver and brown and the packing is done in aluminium foil on one side and polythene film on the other ; and the packing of the defendant is similar to that of the plaintiff.

(3.) Ad interim ex parte injunction was issued. In the reply which has been filed, it is contended that the medicine in question is sold by chemists on the prescription of a medical practitioner and. therefore, the persons cannot be deceived by the said mark. It is further contended that the words used on the strips containing the medicine are different and the word "CALMPROSE" is phonetically different from the plaintiff's mark "CALMPOSE".