ALKEM LABORATORIES LTD Vs. DECCAN HEALTHCARE LTD

JUDGEMENT

(1.) Present suit is filed by the plaintiff for permanent injunction restraining infringement of trademark and copyright, passing off, dilution, unfair competition, rendition of accounts, etc.

(2.) The case of the plaintiff is that the plaintiff adopted the mark GEMCAL in 2000 for pharmaceutical and medicinal preparations, etc. The plaintiff also applied for the registration of the said mark in Class 5 in 2000. From 2000 onwards the plaintiff has been continuously, extensively and uninterruptedly using the mark GEMCAL, GEMCAL Carton Trade Dress and GEMCAL Family of marks. The registration details regarding GEMCAL are given in para 8 of the plaint. It is pleaded that the plaintiff has the exclusive right to use the trademark GEMCAL and GEMCAL Family of marks. The details of the promotional expenses and sales of GEMCAL are stated in para 15 of the plaint. It is pleaded that in 2017-2018, the plaintiff expended Rs.517.77 lakhs for sales promotional expenses and the sale of GEMCAL was Rs.145 crores. The plaint makes reference to various litigations regarding the trademark GEMCAL.

(3.) It is pleaded that around sometimes in September 2018, the plaintiff was shocked to learn when a representative of the plaintiff came across identical products which are clearly identical and deceptively similar to the plaintiff's mark GEMCAL and GEMCAL Family of marks. It is pleaded, the plaintiff found that identical logo and trade dress is also being used by the defendant who have substantially reproduced the plaintiff's artistic work on its impugned product, namely, GEMCAL Logo, GEM-CAL-DEC Carton and GEM-CAL-DEC Blister Strip. It is pleaded that a bare perusal of the product of the defendant would make it evident that the defendant is using the impugned mark GEM-CAL-DEC which is identical and deceptively similar to the plaintiff's trade mark GEMCAL and GEMCAL Family of marks.