SUN PHARMA LABORATORIES LTD Vs. INTAS PHARMACEUTICALS LIMITED

JUDGEMENT

(1.) This application is filed under Order 39 Rules 1 and 2 Civil P.C. seeking an interim injunction to restrain the defendant, its directors, assignees, etc. from manufacturing, selling, offering for sale, advertising or dealing in medicinal preparations under the impugned trade mark "DECITAS" or any other mark which is structurally or deceptively similar to the plaintiff's registered trade mark "DECITEX" registered under Class 5 or any act of passing off of the defendant's business or goods.

(2.) The accompanying suit is filed seeking a decree of permanent injunction, an order for delivery of the infringing goods and a decree for damages and costs.

(3.) The case of the plaintiff is that the plaintiff is a Company registered under the Companies Act, 2013 and is wholly owned subsidiary of Sun Pharmaceutical Industries Ltd. which is ranked as one of the top five pharma companies in India which was set up in India in 1983. It is stated that one of the preparations manufactured by the plaintiff, is under the trade mark DECITEX which is a coined mark. The said product is used for treating cancer/chemotherapy. It is stated that the product DECITEX contains a salt/molecule Decitabine. It is further pleaded that the trade mark DECITEX was coined by the plaintiff's predecessor as trade mark in July, 2011 and enjoys inherent distinctiveness indicating trade origin and source of the goods. The said trade mark has been used extensively and commercially by the plaintiff in the course of medicinal preparations since Dec., 2011. It has acquired formidable goodwill and reputation as a badge of quality for cancer and originating from the plaintiff. The trade mark DECITEX was registered in India under Class 5 on 15.07.2011. The name of the subsequent proprietor was also duly registered by an application dated 03.09.2013 with the Trade Mark Registry. Hence, the plaintiff has statutory rights to the exclusive use of its registered trade mark DECITEX. It is stated that the goodwill and reputation of the trade mark DECITEX is evident from the statement of annual accounts and promotional expenditure. In 2013-14 sales figures were Rs. 382.19 lakhs and the promotional expenses were approximately Rs. 19.11 lakhs. It is further stated that the mark DECITEX is a well known mark as per the provisions of Sec. 2(1) (zg) of the Trade Mark Act.