AURIO PHARMA LABORATORIES PRIVATE LIMITED Vs. PREM PATHAK

JUDGEMENT

(1.) The plaintiffs claim to be entitled to an order of injunction not only in respect of the infringement of their registered label by the defendants, but also in the defendants passing off their product as that of the plaintiffs.

(2.) The plaintiffs are the manufacturers of a medicinal compound marketed under the name "Gassanol" meant for the treatment of duodenal and gastric ulcers and relieving gastric pain. The plaintiffs maintain that their product under such name has been in the market from 1972 and have relied on documents dating back to 1997 and 1983 in support of their contention that the product has been sold for a considerable period. The plaintiffs have relied on their publicity and sales figures relating to the product from or about the year 2000.

(3.) The plaintiffs' label is registered in class 5 and the certificate is dated December 1, 1982 in respect of an application made on September 20, 1978. There is no dispute that the plaintiff company is at present the owner of the registered label. The label has a horizontal band on top where the name of the product is indicated. The rest of the label declares the composition of the product and at its foot it names the manufacturer. The plaintiffs have enjoyed an adinterim order from the year 2006 and submit that the order should be continued till the disposal of the suit.