LAWS(BOM)-2003-6-44

GLAXO GROUP LTD Vs. NEON LABORATORIES LTD

Decided On June 03, 2003
GLAXO GROUP LTD. Appellant
V/S
NEON LABORATORIES LTD. Respondents

JUDGEMENT

(1.) THE plaintiff has filed this suit to restrain the defendants from using, manufacturing, selling, offering for sale and/or advertising or dealing in any manner by themselves, their servants, agents, distributors and stockists in any medicinal or pharmaceutical preparations in any form bearing the trade marks TOCILLIN', 'ceftin' and 'trex' or any other trade marks which are deceptively similar to or are a deceptive variation of the plaintiffs marks 'celin', 'ceftum' and TROX'.

(2.) PLAINTIFF No. 1 is a company incorporated under the laws of England. Plaintiff No. 2, Glaxo Smithkline Pharmaceutical Ltd. , is a company incorporated under the Indian Companies Act, 1913. The plaintiffs manufacture and carry on business inter alia in medicinal, pharmaceutical and veterinary preparations. The defendants carry on a similar business.

(3.) IT is not necessary for me to decide the plaintiffs case regarding its trade mark CEFTUM as Mr. Tulzapurkar stated that the defendants do not intend to and shall not use the mark CEFTIN.