IPCA LABORATORIES LIMITED Vs. GLUIPCA

JUDGEMENT

(1.) Heard Mr. Khandekar, learned counsel appearing for the plaintiff. By this suit and interim application, the plaintiff is seeking reliefs in the context of its registered trademark, logo and word mark as also on the basis of copyright in the artistic work pertaining to the packaging of the product of the plaintiff.

(2.) The plaintiff is a pharmaceutical Company in the business of manufacture and sale of various pharmaceutical products, including product in question i.e. sunscreen cream. It is stated in the plaint that the plaintiff adopted trademark 'Ipca' being the abbreviation of its erstwhile trading and corporate name 'The Indian Pharmaceutical Combine Association'. The registration certificate placed on record shows that it dates back to 4/12/1957. It is also case of the plaintiff that it holds registration for device mark'Ipca'which dates back to 17/11/2011, and includes logo adjacent to the mark 'Ipca'. The documents on record also show that the plaintiff holds registration for word mark ACNE-UV, dating back to 5/10/2014. The details of the said registration are stated in the plaint and supporting documents are annexed.

(3.) As regards that artistic work on the package in which the aforesaid product is sold, it is stated specifically in paragraph 14 that the said artistic work was designed by an employee of the plaintiff, during the course of his employment and that being a distinctive and original artistic work, the plaintiff holds copyright in the same.