AGLOWMED LIMITED Vs. AGLOW PHARMACEUTICALS PRIVATE LIMITED

JUDGEMENT

(1.) Plaintiff has approached this Court seeking (a) permanent injunction against defendant from using in relation to its business of manufacturing, marketing, selling, trading, exporting medicinal and pharmaceutical preparations and substances using the trading name 'AGLOW' or any other trading name or mark as part of its trading style or corporate name that is identical and/or deceptively similar to plaintiff's trading name/mark/trading style/corporate name 'AGLOWMED' and/or using the word 'AGLOW' or and other word/name/mark identical and/or deceptively similar to plaintiff's mark 'AGLOWMED' and prevent defendant from infringing the registered trade mark of plaintiff 'AGLOWMED' bearing no.415401 dated 02.01.1984 and (b) to restrain defendant from using the trading name 'AGLOW' or and other word/name/mark identical and/or deceptively similar to plaintiff's mark 'AGLOWMED' in relation to defendant's medicinal and/or pharmaceutical preparations so as to pass off defendant's business or goods as plaintiff's goods. Plaintiff is also claiming damages in the sum of Rs.5,00,000/-.

(2.) Plaintiff is a company that was incorporated on 07.11.1983 with the trading name/trading style 'AGLOWMED' as its dominant and memorable feature. Since then plaintiff has been carrying on business of manufacturing and selling of pharmaceutical preparations. Plaintiff has been making and selling various pharmaceutical products like aglozyme syrup, aglozyme capsules, pancef injections and aglonim and various other products.

(3.) According to plaintiff, and it is not contradicted by defendant, that the word 'AGLOWMED' is a meaningless word. The word 'AGLOWMED' is a part of plaintiff's trading name, trading style which prominently appears on all its products including its business literatures, advertisements, visual aids, etc. The annual turn over of plaintiff for the year 2003-2004 was Rs.7246.42 lakhs. Plaintiff has a wide network of distribution of its products in India and abroad with depots in several locations and employs around 800 people. It is also stated in the plaint that plaintiff has been exporting its goods to several countries like Russia, Europe, London, Ukraine, Angola, Ghana, Nigeria, Liberia, Sierra Leone etc. Plaintiff is also recognised as an export house. Plaintiff's range includes products in various segments like Vitamins, Antibiotics, Anti-bacterial, Anti-diabetic, Analgesic, Haematinic, Digestive Enzymes, Anti-amoebic, Anti-diarrhoeal, Anti-oxidant, Anti-depressant, Anti-ulcer, Anti-histamine, etc. Plaintiff has three manufacturing facilities at three different locations, viz., Roorkee, Daman and Ankleshwar. Plaintiff is a registered proprietor of 'AGLOWMED' in several classes under the provisions of The Trade Marks Act, 1999, list of which can be found in paragraph 5 of the plaint. Plaintiff's turn over from 1990-1991 upto 2003-2004 were as under :