LABORATOIRES GRIFFON PRIVATE LIMITED Vs. AUSPHARMA PRIVATE LIMITED

JUDGEMENT

(1.) The present Suit is in respect of causes of action of infringement and passing off. The subject matter of the present Suit are the marks: 'GLIMET' and 'GLIMED' The Applicant No.1/Plaintiff No.1is the registered proprietor of the trademark 'GLIMET & GLIMET DS'. The Applicants (hereinafter referred to as Plaintiffs) are impugning the use of the marks 'GLIMED M1, AQURIS GLIMED 1 and variants thereof, by the Respondents (hereinafter referred to as 'Defendants'). Both the marks are used in respect of pharmaceutical products falling in class 05. Mr. Jamsandekar submitted that it is important to note at this stage that the rival products contain different drugs and composition and is meant for same ailments. The product of the Plaintiffs bearing the mark 'GLIMET' contains Glipizide & Metformin Hydrochloride and the product of the Defendants bearing the impugned mark 'GLIMED M1'contains Glimepride and Metformin Hydrochloride. Mr. Jamsandekar invited my attention to the statements made by the Plaintiffs to this effect at paragraph 21 & 34 of the Plaint. I have perused the EXHIBIT P-2 which is a photograph of Defendant's products which clearly supports the Plaintiff's statements made by the Plaintiffs.

(2.) Mr. Jamsandekar submitted that in view of the statements made by the Plaintiffs in paragraph 34 of the Plaint, the Plaintiffs be allowed to make an application without notice to the Defendants. I am satisfied with the statements made by the Plaintiffs in paragraph34 and the same are justified particularly in view of the fact that the products which are subject matter of the present Suit are pharmaceutical products containing totally different drugs. Therefore, I have allowed the Plaintiffs to make anexparte application against the Defendants.

(3.) Mr. Jamsandekar relies upon the certified copies of entries of the trademark Register in respect of registrations of the marks 'GLIMET'&'GLIMET DS' bearing registration nos. 579544 & 2676118 respectively. Both the marks are registered in class 05 in respect of pharmaceutical goods. He also relied upon the registration certificate of the mark 'GLIMET'.