CHARAK PHARMA PVT LTD Vs. GLENMARK PHARMACEUTICALS LTD

JUDGEMENT

(1.) The Plaintiff has filed the present Suit against the Defendant, inter alia, for a perpetual order and injunction, restraining the Defendant from infringing the registered trademark of the Plaintiff "EVANOVA" and also from passing off their goods/products as those of the Plaintiff by use of the mark "ECONOVA" or any other mark deceptively similar to the Plaintiff's registered mark. By the present Notice of Motion, the Plaintiff has sought a temporary injunction against the Defendant from manufacturing and marketing any medicinal preparations/products by using the mark "ECONOVA".

(2.) The Plaintiff is engaged in the business of manufacturing and marketing of ayurvedic medicinal and pharmaceutical preparations. The Plaintiff carries on the said business in the name of a Partnership firm M/s. Charak Bhandar since 1949. The original Plaintiff No.1 i.e. Charak Pharmaceuticals (India) Pvt. Ltd. was incorporated in May, 1970. In 1999, the original Plaintiff No.1 applied for registration and got the trademark "EVANOVA" registered in Class 5 of the Fourth Schedule to the Trade Mark Rules, 2002 read with Trade Marks Act, 1999 (hereinafter referred to as "the Act") for medicinal and pharmaceutical preparations and also started using the mark "EVANOVA" since 1999.

(3.) The present Plaintiff Charak Pharma Pvt. Ltd. was incorporated in the year 2000 and started using the mark "EVANOVA" pursuant to a license agreement dated 12th April, 2002, executed by the original Plaintiff No.1 in favour of the Plaintiff for the use of the trademark. The Plaintiff commenced the sale of the ayurvedic preparation from April, 2002 in the form of capsules for the treatment of menopause.