MEDLEY PHARMACEUTICALS LTD. Vs. TWILIGHT MERCANTILES LTD.

JUDGEMENT

(1.) The Plaintiffs are the proprietors of three registered trade marks, "O2", "OTWO" and "O2H" used on pharmaceutical and medicinal products. In the suit, they allege infringement of these marks by the Defendants who, according to the Plaintiffs, are using rival marks "O1B" and "O1B PLUS". The Plaintiffs also allege that the Defendants are passing off their products as those of the Plaintiffs. In the present Notice of Motion, the Plaintiffs seek interim reliefs restraining the Defendants from manufacturing, selling, advertising or exhibiting for sale any pharmaceutical and medicinal preparations under any mark that that infringes the Plaintiffs' registered trade marks.

(2.) The Plaintiffs and the 1st Defendant are both manufacturers of medicinal and pharmaceutical products. The Plaintiffs are a reputed enterprise of some considerable standing. The 2nd Defendant is an entity that manufactures medicinal preparations for the 1st Defendant.

(3.) The Defendants have not appeared. I have, nonetheless, considered their defence as set up in the affidavit in reply. I have also, with the assistance of Mr. Kamath, learned counsel for the Plaintiffs, considered the relevant authorities. For the reasons that follow, I have been unable to find any substance in the Defendants' reply to this Notice of Motion. I have found the Defendants' marks to be of deceptive and confusing similarity to those of the Plaintiffs. I have also found that the Defendants adopted the infringing marks with knowledge and notice of the registration of the Plaintiffs' marks.