ARISTO PHARMACEUTICALS PVT LTD Vs. INNOVA CAP TAB

JUDGEMENT

(1.) The Plaintiff has filed the present Suit against the Defendants inter alia for a perpetual order of injunction restraining the Defendants from infringing the Plaintiff's registered trademark 'MONTINA'. By the present Notice of Motion, the Plaintiff has sought an order of temporary injunction against the Defendants from manufacturing and marketing any medicinal preparation/product by using the mark MONTINAL.

(2.) The Plaintiff is engaged in the business of manufacturing and sale of medicinal and pharmaceutical preparations. The Defendant No. 2 is carrying on business in marketing of medicinal and pharmaceutical preparation in the State of Gujarat and the Defendant No.1 is the manufacturer of several pharmaceutical and medicinal preparation of Defendant No.2. In December, 2002, the Plaintiff (then a Public Limited Company being Aristo Pharmaceuticals Limited) originally conceived and adopted a trademark being 'MONTINA', to be used for its medicinal/pharmaceutical preparations. The Plaintiff thereafter conducted a search and did market survey and did not find any mark which was identical and/or similar to MONTINA in India or elsewhere. On 31st December, 2002, the Plaintiff applied for and got the trademark MONTINA registered in Class 5, for medicinal and pharmaceutical preparations. The registration was granted on 9th March, 2005 which is effective from the date of application i.e. 31st December, 2002. The Plaintiff was subsequently converted into a Private Limited Company i.e. Aristo Pharmaceuticals Pvt. Ltd. The Plaintiff's name as a Private Limited Company is also recorded as the subsequent proprietor in the Register of Trademarks. The registration of the trademark was renewed on 31st December, 2012 for a further period of ten years in favour of the Plaintiff. The registration of the trademark is thus valid and subsisting.

(3.) In June, 2013, the Plaintiff commenced manufacturing of medical preparation in the form of syrup and tablets which was to be marketed under the trademark MONTINA. In August, 2013, the Plaintiff commenced selling the medicinal preparation under the trademark MONTINAL.