AJANTA PHARMA LIMITED Vs. SAPHNIX LIFE SCIENCE

JUDGEMENT

(1.) Heard Mr. Khandekar for the Plaintiff.

(2.) The Plaintiff seeks to move without notice to Defendant for the reasons which are set out in paragraph 18 of the plaint. This is an action for infringement of Plaintiff's registered trade mark ARTEFAN bearing registration No. 1259224 in class 5. The Plaintiff has also combined the reliefs regarding passing off. However, Mr. Khandekar submitted that since leave under Clause 14 of Letters Patent to combine the cause of action for passing off with the cause of action for infringement of trade mark is not obtained, the Plaintiffs are presently only pressing for reliefs in respect of infringement of trade mark and shall press for relief of passing off after obtaining such leave.

(3.) Mr. Khandekar pointed out various paragraphs in the plaint particularly, paragraph Nos. 5, 7, 17 and 18. He pointed out Exhibit- A which is specimen of Plaintiff's goods bearing the said trade mark, certificate of registration of the said trade mark and of its renewal at Exhibit-B-1 and B-2. He also pointed out copies of Plaintiff's invoices in respect of export of its said goods bearing the said trade mark and copies of sales promotional material distributed by the Plaintiff to promote sales of its said goods bearing the said trade mark in overseas market. He also invited my attention to details given in tabular form on page 8 wherein details of Consolidated Export Value (in USD) and Promotional Expenses (in INR) were set out. He pointed out page 62 -Exhibit F-1 which are print outs of the relevant web pages containing details of the Defendant's impugned goods bearing impugned trade mark. He submitted that the Defendant is manufacturing and/or marketing and/or offering for sale medicinal and pharmaceutical preparation under an identical trade mark, ARTEFAN. He therefore, prayed that at this stage prayer clause (a) of the Interim Application be granted.