INDO FRENCH LABORATORIES LTD Vs. SWISS GARNIER BIOTECH

JUDGEMENT

(1.) Ms.S.Suba Shiny, learned counsel on record for sole plaintiff and Ms.C.Bhargavi of M/s.A.K.Mylsamy and Associates (Law Firm) on behalf of sole defendant are before this Commercial Division.

(2.) Before I proceed further with this judgment / proceedings, it is to be recorded that it is brought to my notice by learned counsel for defendant that defendant has been described as 'M/s.Swiss Garnier Biotech', but the sole defendant is a Private Limited Company incorporated under the laws of India and it was incorporated sometime in July 2018. It is submitted that the sole defendant is, therefore, a juristic person and it goes by the name 'Swiss Garnier Biotech Private Limited'. In the light of the aforesaid submission, which is not disputed, this is recorded in this judgment.

(3.) Be that as it may, subject matter of this suit is pharmaceutical and medicinal preparations. Plaintiff has a registered Trademark i.e, REJUCALCIUM. This is a word mark. It is registered in Class 5 i.e., Pharmaceutical and Medicinal Preparations. Certificate Number is 217376 dated 31.01.1999 and the registration is valid up to 20.10.2020. This mark shall hereinafter be referred to as 'suit TM' for the sake of convenience and clarity.