NEON LABORATORIES LTD Vs. ORNATE PHARMA PVT LTD

JUDGEMENT

(1.) THIS order will dispose of prayer for ad-interim relief, pressed on behalf of the Plaintiffs during the pendency of the Notice of Motion.

(2.) '' Heard Counsel for the parties. Perused the pleadings and documents on record. The Plaintiffs claim to be one of the leading manufacturers and merchants in India interalia, of medicinal and pharmaceutical preparations. According to the Plaintiffs, on or about July, 1993, the Plaintiffs conceived and adopted the trade mark "NEX" in respect of pharmaceutical preparations. The Plaintiffs claim that it is in pharmaceutical trade and carries on a well-established business for more than 25 years. The Plaintiffs then assert that the they applied for registration of their trade mark "NEX" which was registered in the name of the Plaintiffs under registration No.601808 as of 16th July, 1993, in respect of Pharmaceutical preparations falling in Class-5. The said registration of the trade mark is valid and subsisting till 16th July, 2017. The Plaintiffs claim that they have been exclusively using the trade mark "NEX" which is a word mark, extensively, throughout India and also for their exports since the year 2001. By reason of excellent quality and efficacy and also on account of extensive publicity and sales of the said mark by the Plaintiffs, the trade mark "NEX" has come to be associated exclusively with the Plaintiffs by medicinal and pharmaceutical traders and members of the public. The Plaintiffs have furnished sales figures in respect of its product "NEX" Injection from 2001-2002 to 2007-2008 at Ex.E of the Plaint. The total sales for the said product for the period 2001-2002 including direct and indirect export as well as domestic sales is stated to be Rs.2,21,397/-, for 2002-2003 Rs.17,097/-, for 2004-2005 Rs.36,000/-, for 2006-2007 Rs.13,40,076/- and from April, 2007 till June, 2007 Rs.31,626/-. The Plaintiffs also assert that they have incurred expenses of approximately of Rs.One Lakh for popularising the said product "NEX" Injection which is "NALOXONE HYDROCHLORIDE", an Opiate Antagonist and a life saving drug. On this basis it is asserted by the Plaintiffs that the trade mark "NEX" has come to be associated by traders and members of the public exclusively with the Plaintiffs. The product "NEX" used in Injection(ampoule) form has come to be associated to the traders and members of the public exclusively with the Plaintiffs.

(3.) '' The Plaintiffs besides, filing the present Suit, have taken out present Notice of Motion for interim relief during the pendency of the suit, consistent with the reliefs claimed in the prayer clauses (e) to (h) of the Plaint.