MILILAB PRIVATE LIMITED Vs. GLEMARK PHARMACEUTICALS LIMITED

JUDGEMENT

(1.) THESE notice of motions are taken out in what might be described as cross suits. The parties to the suit are not common, but the case in respect of which the injunctions are claimed in both the suits are the same i. e. a medicinal product called MILICAL-12. The plaintiffs in both the suits have taken out these motions for an injunction in accordance with the prayers in the main suits. In Suit No. 1603 of 2001, Mililab Private Limited has sought an injunction against the defendant i. e. Glemark Pharmaceuticals Ltd. from using the trade mark MILICAL and for passing it off as theirs. In Suit No. 4901 of 2000, the defendant in Suit No. 1603 of 2001 i. e. Glenmark Pharmaceuticals Ltd. has made a prayer that the threats given by the defendant therein i. e. Milichem Laboratories should be treated as groundless threats and for an injunction restraining Milichem Laboratories from making such threats. SUIT NO. 1603 OF 2002:

(2.) IN this suit filed by Mililab Private Ltd. , inter alia, for an injunction restraining the defendants from passing off their goods under the impugned trade mark "milical-12", the plaintiff has taken out the Notice of Motion for a temporary injunction restraining the defendants Genmark Pharmaceuticals Ltd. from passing off their goods MILICAL-12 so as to pass off the suit goods as those of Mililab Private Ltd.

(3.) MILILAB Private Ltd. claims that it has been manufacturing MILICAL-12 through Milichem Laboratories. Mililab Private Ltd. claims to be the sole proprietor of Milichem Laboratories. They claim that they have been continuously using the mark since at least the year 1985 and that it was honestly conceived and adopted by them. Mililab Private Ltd. realised that certain licences under the Drugs and Cosmetics Act, 1940 under which Milichem Laboratories was permitted to manufacture "milical-12". Mililab Private Ltd. , therefore, claims that it has been manufacturing "milical-12" through Milichem Laboratories since a long time. Mililab Private Limited claims that it got "milical-12" manufactured for the period 1985-90 through Lister Laboratories; then from 1989 to 1994 from Polar Pharmaceuticals Private Ltd. From 1993 to 1995, they have got milical-12 manufactured through Aimed Lab. Private Ltd. It is on this background that an injunction has been sought on the basis of prior adoption.