SUN PHARMACEUTICALS INDUSTRIES LIMITED Vs. EMCURE PHARMACEUTICALS LIMITED

JUDGEMENT

(1.) This is an action for infringement and passing off.

(2.) The plaintiff is the registered proprietor of the word mark "SUSTEN". The mark was registered with effect from 16.6.2000 under class 5. The defendant is the registered proprietor of the impugned mark "SUSTINEX". The mark was registered with effect from 21.6.2001 also under class 5. The plaintiff has filed an application for rectification, which is pending.

(3.) As the defendant's mark is also registered, the reliefs at this stage are based only on the ground of passing off. The plaintiff has used its marks since November, 2000, as is evident from the sales figures furnished in the plaint. The defendant used the impugned mark from 19.11.2010. The plaintiff therefore is admittedly the prior user of the mark.