ALKEM LABORATORIES LTD Vs. MEGA INTERNATIONAL P LTD

JUDGEMENT

(1.) THIS is a Regular First Appeal filed by the appellant against the judgment dated 08. 2. 2007 passed by the learned Single Judge in Civil Suit bearing no. 1926/2003 titled M/s Alkem Laboratories Ltd. Vs. Mega International (P) Ltd. By virtue of the impugned judgment, the suit of the appellant for permanent injunction, passing off, rendition of accounts, in respect of trademark "gemcal" in relation to medicinal preparations was dismissed by the learned single Judge.

(2.) BRIEFLY stated the case of the appellant/plaintiff (hereinafter referred to as the appellant) is that it is company incorporated under the Companies Act and is carrying business inter alia as a manufacturer, seller and dealer of pharmaceutical and medicinal preparations. It was alleged, in the plaint that it had adopted a trademark "gemcal" in august, 1999 and applied for registration of the said trademark in respect of medicinal and pharmaceutical preparations and substances on 17. 4. 2000. In the month of July, 2000, the appellant started manufacturing and marketing its products on a commercial scale, bearing the said trademark. The appellant claims to have spent a huge amount of money for popularizing the product through advertisements, by circulation of trade literature including pamphlets, product information brochures, physician samples and the certified sales turn over and promotional expenses of the appellant for the years 2000- 2001, 2001-2002, 2002-2003 were to the tune of 15. 54, 24. 37 and 62. 12 lacs respectively. On the basis of this steady progression of amount of the money spent, it was claimed that the product of the appellant namely "gemcal" was fast acquiring reputation and goodwill in the market.

(3.) IT is alleged that the appellant came to know about the use of the said trademark by the respondent/defendant (hereinafter referred to as the respondent) in February, 2003 and consequently it sent notices to the respondent through its trademark attorney on 27. 2. 2003. A reminder was sent on 27. 3. 2003.