REDDYS LABORATORIES LIMITED Vs. LABORATE PHARMACEUTICALS INDIA LTD

JUDGEMENT

(1.) For the reasons stated in the application, the delay in filing the accompanying appeal is condoned. The application stands disposed of.

(2.) The case of the plaintiff is that the plaintiff is engaged in the business of manufacturing, marketing and selling, etc, pharmaceutical products. The plaintiff has a trade mark OMEZ. The grievance of the plaintiff is that the defendant is using deceptively similar carton and strip packaging bearing the mark OMECAP. It is stated that the mark OMEZ and its distinctive packaging is well known among the relevant class of customers, doctors and other healthcare professionals. It is pleaded that copying the said packaging by the defendant is an attempt to pass off OMECAP product as that of the plaintiff's OMEZ. On 22.08.2017, this court passed an ex parte injunction stating that a prima facie case is made out and restrained the defendant from selling or offering for sale, etc. pharmaceutical preparations under the mark OMEZ having identical/similar trade dress or packaging as that of the plaintiff's OMEZ product.

(3.) On 12.02.2018 with the consent of the learned counsel for the parties, the above interim order was confirmed.