CADILA HEALTHCARE LTD Vs. SUN PHARMACEUTICAL INDUSTRIES LIMITED

JUDGEMENT

(1.) This Original Side Appeal has been directed against the judgment and decree dated 03-06-2016 passed in C.S.No.985 of 2009 by the learned Single Judge of this Court.

(2.) The respondents herein, as plaintiffs, have instituted C.S.No.985 of 2009 on the file of this Court praying to grant the reliefs of perpetual injunctions, liquidated damages, delivery-up for destruction of all preparations, dies, blocks, labels etc., and also for passing the preliminary decree for rendition of accounts wherein the present appellants have been shown as defendants.

(3.) It is averred in the plaint that the plaintiff is carrying on business as manufacturer of medicinal preparation for human consumption. The plaintiff is an International Specialty Pharma Company with presence in over 30 markets. The plaintiff is involved in making active pharmaceutical ingredients and in branded markets many of plaintiff's products are prescribed in chronic therapy areas like Cardiology, Psychiatry, Neurology, Gastroenterology, Diabetology, Respiratory etc. The plaintiff is an established and well-known pharmaceutical company in India, which markets drugs and formulation in India since 1983 and subsequently, listed in the main stock exchanges in the year 1994. The plaintiff has been enjoying a high reputation for its medicinal preparations because of its excellent quality and efficiency. During October 2000, the plaintiff has applied to the Drug Controller for permission to manufacture VENLAFAXINE -Extended Release (XR) Capsule for treatment of Major Depression Disorders under the trademark VENIZ. On 21-10-2000, the Drug Control Administration granted permission to the plaintiff for manufacturing VENIZ capsules. After receiving the said licence from the Drug Control Administration, the plaintiff commenced manufacture of medicinal and pharmaceutical preparations under the trademark VENIZ XR. The plaintiff is a registered proprietor of the trademark VENIX XR under No.949364 dated 22-08-2000. The plaintiff has spent a huge amount for popularizing the said preparation under the trademark VENIZ through advertisements and also by various methods. During August 2009, the plaintiff has come to know that the defendants have started a preparation bearing the mark VENZ-OD in which OD is common to trade and it means "once a day" and the word VENZ forms the mark thereof. The defendants have made slavish imitation of the plaintiff's registered trademark VENIZ. The trademarks VENIZ and VENZ are phonetically, visually and structurally similar. The defendants have infringed the trademark of the plaintiff and thereby, earned huge amounts. Under the said circumstances, the present suit has been instituted for the reliefs sought therein.