ALKEM LABORATORIES LTD. Vs. DECCAN HEALTHCARE LTD.

JUDGEMENT

(1.) Summons in the present suit were issued vide order dated 20th February 2019. None appeared on behalf of the defendants. The right of the defendant to file written statement was closed and the defendants were proceeded ex-parte vide order dated 14thAugust 2019.

(2.) By the present suit the plaintiff, inter alia, prays for a decree of permanent injunction restraining the Defendant, their directors, executives, partners, proprietors, as the case may be, their officers, servants and agents or any other persons acting for and on their behalf from manufacturing, selling, offering for sale, exporting, advertising, marketing and/or in any manner using directly or indirectly in relation to any health supplement, pharmaceutical and/or medical preparation and/or such allied and cognate goods under the Impugned Mark A to Z DECC or any other identical and/or deceptively similar mark to that of the Plaintiffs mark A TO Z, A TO Z NS and A TO Z Family of Marks or any other Logo identical/ deceptively similar to the Plaintiffs A TO Z Logo, A TO Z NS Carton, A TO Z NS BLISTER STRIP, A TO Z NS NEW Carton and ATO Z NS NEW Blister Strip which will lead to passing off of defendants goods as those of plaintiffs or dilution of plaintiffs trademarks, logo and trade dress or unfair competition besides a decree for delivery up of goods bearing the impugned mark, rendition of accounts and decree of damages to the tune of Rs.2,00,05,000.

(3.) Case of the plaintiff is that it is a leading pharmaceutical company, involved in manufacturing and sale of pharmaceutical and nutraceutical products. It has been ranked amongst the top 10 pharmaceutical companies in India and has a world-wide presence. Plaintiff has generated revenue to the tune of Rs.64,312 million for the financial year 2018 compared to Rs.58,525 million the previous year, recording the growth of 9.9%.