LUPIN LTD. Vs. MCCLIN BIOTECH, GUJARAT

JUDGEMENT

(1.) This is an action for infringement of trademark and passing off and unfair trading committed by Defendants by using an identical and/or deceptively similar mark "LNZ-5" and "LNZ-2.5" in relation to pharmaceutical products to the registered trade marks of the Plaintiff. The Writ of Summons is served on the Defendants by way of Substituted service. The Writ of Summons were published in two daily newspapers, namely, BUSINESS STANDARD and WESTERN TIMES circulating and available in Baroda, Gujarat. The Plaintiff has filed an affidavit of service. Despite service the Defendants have not appeared in the proceedings. The Defendants also did not file the written statement. Today the suit is listed on the cause list for ex parte decree.

(2.) The Plaintiff's witness Mr. R. Kumar is present in Court. The Plaintiff has filed its Affidavit of Documents, the compilation of original documents and the Affidavit in Examination of Chief of Mr. R. Kumar on behalf of the Plaintiff.

(3.) Mr. Jamsandekar, the Learned Counsel for the Plaintiff submitted that the Plaintiff is by virtue of the Deed of Assignment, the subsequent proprietor of the trademark 'LNZ' bearing Registration No. 827555 in respect of goods covered by the Class 5 of the Fourth Schedule to the Trade Marks Rules, 2002. The Plaintiff has been openly, continuously and extensively using the said trademark in respect of its goods since the year 2009. The registration of the mark has been renewed from time to time and is valid and subsisting on the Register of Trademarks in the name of the Plaintiff.