SUN PHARMA LABORATORIES LTD Vs. PSYCHOTROPICS INDIA LTD

JUDGEMENT

(1.) The plaintiff would aver that it is carrying on the business as manufacturers of medicinal preparation for human consumption and it is wholly owned subsidiary of "Sun Pharmaceutical Industries Ltd.", which, according to the plaintiff, is one of the top five companies in India involved in making active pharmaceutical ingredients, and in branded markets, many of the plaintiff's products are prescribed in areas like cardiology, psychiatry, neurology, gastroenterology, diabetology, respiratory, neuropsychiatric, orthopedics and opthalmology, etc.

(2.) It is further averred by the plaintiff that it markets drugs and formulations to various countries across the world, under it's various other distinctive trademark and it is having manufacturing plants in four continents and five world class research centres with a total work force of over 14,000 employees and it is also granted approval by the United States Food and Drug Administration (USFDA), and the products of the plaintiff enjoy a very high reputation for the medicinal preparations and enjoy a great reputation among the medical practitioners, trade and consuming public and it's medicinal preparations are sold openly and extensively all over the country as well as other countries on a large scale.

(3.) It is further stated by the plaintiff that it is the registered proprietor of the mark "SIZOPIN" and it was adopted by M/s.Sun Pharmaceutical Industries Ltd., which was it's predecessor, in the year 1995, for the treatment of depression and schizophrenia and the said mark is unique, inventive and distinctive and the predecessor of the plaintiff has applied for and obtained registration for the trademark SIZOPIN under No.663317 dated 24.4.1995, in respect of medicinal and pharmaceutical preparations and substances included in Class 5, and also obtained certified copy of the registration certificate to that effect.