✦ High Court of India · 16 Apr 2025

High Court · 2025

Case Details High Court of India · 16 Apr 2025

Court

High Court of India

Decided

16 Apr 2025

Bench

Not available

Length

1,505 words

Acts & Sections

As amended by Commercial Courts Act 2015 Trademarks Act 1999 Trade Marks Act 1999

C.S.(Comm.Div.) No.135 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 16.04.2025CORAMTHE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHYC.S.(Comm.Div.) No.135 of 2024Sun Pharma Laboratories Limited,CD Plot No.3, Door No.8,Old Tower Block Street,Nandhanam Extension,Chennai 600 035. ... Plaintiff-vs-1.3G Lifesciences, B-1, Arun Complex, Behind C U Shah College, Near Income Tax, Ahmedabad – 380 014 and also at 303, Navdeep Complex, Paldi, Ahmedabad – 380 007.2.Medishri Healthcare Pvt. Ltd., Khasra No.27, Mandawar, Bhagwanpur, Roorkee, Distt. Haridwar, Uttarkhand. ... DefendantsPRAYER: Civil Suit (Commercial Division) filed under Order VII Rule 1 Civil Procedure Code, 1908 As amended by Commercial Courts Act, 2015 1/11 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.135 of 2024along with Ss.27, 28 and 29, 134 and 135 of Trade Marks Act, 1999, praying to grant a judgment and decree on the following terms:- (a) A permanent injunction restraining the Defendants, their proprietors, partners, directors, men, servants, agents, distributors, stockists, super-stockist, dealers, wholesalers, retailers, custodians, franchisees, licensees, assigns, affiliates, associates, predecessors, successors, subsidiaries, legal representatives, job-workers, manufacturers, packers, export / import agents or any other person claiming through and / or under them from in any manner infringing the Plaintiff's registered trademark CABGOLIN through the use of CB-GOLIN and / or any other trade mark containing the word CB-GOLIN and / or any other mark or marks that are in anyway identical with and / or deceptively similar to the Plaintiff's said registered trademark CABGOLIN, either by manufacturing or selling or distributing or exporting or importing or offering for sale or exhibiting or advertising, either online or offline, or in any other manner whatsoever, trading in or otherwise dealing in medicinal or pharmaceutical preparations or the impugned goods or similar or like goods;2/11 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.135 of 2024(b) A permanent injunction restraining the Defendants, their proprietors, partners, directors, men, servants, agents, distributors, stockists, super-stockist, dealers, wholesalers, retailers, custodians, franchisees, licensees, assigns, affiliates, associates, predecessors, successors, subsidiaries, legal representatives, job-workers, manufacturers, packers, export / import agents or any other person claiming through and / or under them from in any manner manufacturing, selling, offering for sale, exhibiting for sale, marketing, stocking, distributing, importing, exporting, advertising, either online or offline, trading in or otherwise in any manner directly or indirectly dealing in any product under the trademark CB-GOLIN, either by itself or as a prefix or suffix, and / or any other trade mark containing the word CB-GOLIN and / or any other trademark that is identical with and / or deceptively similar to the Plaintiff's prior adopted trademark CABGOLIN, so as to pass off the Defendants' products as and for the products of the Plaintiff;3/11 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.135 of 2024(c) Directing the Defendants to render a true and faithful accounts of the profits earned by them right from inception through the sale or advertisement of products under the impugned mark CB-GOLIN, either by itself or as a prefix or suffix, and / or any other trade mark containing the word CB-GOLIN and / or any other trade mark identical with and / or deceptively similar to the Plaintiff's prior adopted trademark CABGOLIN and direct payment of such profits to the Plaintiff for the acts of infringement and passing off committed by the Defendants;(d) A mandatory injunction directing the Defendants to provide on an affidavit the quantity of goods / quantum of sales, production, import, export, purchase made right from the inception by the Defendants of the impugned goods bearing the impugned trade mark, details of the e-commerce websites wherein impugned trade marks and / or any other trade mark identical with and / or deceptively similar to the Plaintiff's trade mark are listed, details of manufacturers, marketers, advertisers, wholesellers, retailers, traders, stockists, super-stockists, custodians, importers, exporters, and distributors of the goods bearing the impugned mark, the sale and 4/11 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.135 of 2024purchase data, books of accounts, ledgers, sales bills, invoices, purchase orders; stock-papers, etc., bearing the impugned mark CB-GOLIN, either by itself or as a prefix or suffix, and / or any other trade mark containing the word CB-GOLIN and / or any other mark(s) that are in any manner identical with and / or deceptively similar to the Plaintiff's trademark CABGOLIN;(e) Directing the Defendants to surrender to the Plaintiff the entire stock of Defendants' impugned goods, labels, wrappers, cartons, strips, containers, boxes, canisters, packaging materials, printed materials, promotional materials, brochures, advertising material, stationery, including dyes, blocks, screen prints and other literature, materials and all other things bearing the impugned mark CB-GOLIN, either by itself or as a prefix or suffix, and / or any other trade mark containing the word CB-GOLIN and / or any other mark(s) that are in any manner identical with and / or deceptively similar to the Plaintiff's trademark CABGOLIN for destruction;5/11 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.135 of 2024(f) Declare that the Plaintiff's trade mark CABGOLIN is a 'well known' trademark under Section 2(1)(zg) read with Section 11 of the Trademarks Act, 1999;(g) Directing the Defendants to pay to the Plaintiff the cost of the suit.For Plaintiff : Mr.S.Diwakar for Mr.Rajesh RamanathanFor Defendants : Set Ex parte**********JUDGMENTBy this suit, the plaintiff seeks relief in respect of alleged infringement of its registered trade mark CABGOLIN through the use of the impugned trade mark CB-GOLIN or any mark deceptively similar thereto. The plaintiff also seeks relief in respect of alleged passing off.2. Suit summons was served on the first defendant on 03.09.2024 and on the second defendant on 30.08.2024. In spite of service of suit 6/11 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.135 of 2024summons, neither defendant entered appearance to contest the suit. By order dated 17.03.2025, the defendants were set ex parte and the plaintiff was permitted to record ex parte evidence.3. The plaintiff filed the affidavit of K.Subramanian by way of evidence. In course of the examination in chief of P.W.1, 10 documents were exhibited as Exs.P1 to P10.4. Learned counsel for the plaintiff invited my attention to Ex.P2, which is the legal use certificate in respect of the trade mark CABGOLIN. The said certificate reveals that the word mark CABGOLIN was registered with effect from 04.08.2003 in Class 5 relating to medicinal and pharmaceutical preparations and substances. The certificate further records that the mark was used since 01.05.2003. As evidence of use, the plaintiff exhibited sales invoices as Ex.P4 series. The first of these invoices is dated 02.05.2003. As evidence of sales turnover, the plaintiff exhibited the certificate issued by Valia & Timbadia, Chartered Accountants. The said certificate sets out the turnover from financial year 2012-13 to financial year 7/11 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.135 of 20242018-19. The turnover mentioned therein for financial year 2018-19 is Rs.3263.23 lakhs. In the plaint, at paragraph 14, the plaintiff has indicated that the turnover for financial year 2023-24 from sale of products bearing the trade mark CABGOLIN was Rs.3052.95 lakhs. The packaging of products bearing the impugned mark has been exhibited as Ex.P9. On comparing Ex.P9 with Ex.P8, which is the packaging of the plaintiff's products bearing the mark CABGOLIN, it is clear that the marks are deceptively similar. It is also pertinent to record that the marks are used in respect of similar goods.5. Therefore, the plaintiff is entitled to a decree. As regards the prayer in paragraph 34(e), Ex.P10 evidences that the second defendant destroyed infringing goods and materials bearing the impugned mark. Consequently, no purpose would be served by granting prayer (e). Prayer (f) relates to a declaration that the plaintiff's trade mark is a well-known trade mark. Based on the evidence adduced a decree to that effect cannot be issued.8/11 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.135 of 20246. As the successful party, the plaintiff is entitled to costs towards court fees, lawyer's fees and other expenses. The defendants are liable to pay a sum of Rs.3,00,000/- (Rupees Three Lakhs only) as costs.7. In the result, the suit is decreed in terms of prayers (a), (b), (c) and (d) of paragraph 34 of the plaint. In addition, the defendants are directed to pay a sum of Rs.3,00,000/- (Rupees Three Lakhs only) as costs to the plaintiff.16.04.2025rnaIndex : Yes / NoInternet : Yes / NoNeutral Citation: Yes / NoPlaintiff's witness:P.W.1 – K.SubramanianDocuments exhibited on behalf of the plaintiff:ExhibitsDocumentsEx.P1Photocopy of the Specific Power of Attorney dated 31.03.2025 issued by the Plaintiff on behalf of the deponent.9/11 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.135 of 2024ExhibitsDocumentsEx.P2Original Certificate issued for use in legal proceedings for the trademark registration of CABGOLIN under No.1219940 in class 05 dated 20.10.2023.Ex.P3Photocopy of the Drug license for manufacture and sale of products under the mark CABGOLIN.Ex.P4Photocopy of the First sales invoice and samples sales invoice of the product under the mark CABGOLIN. (Series) (Nos.28)Ex.P5Photocopy of the Chartered Accountant certificate of sales figures for the products under the mark CABGOLIN.Ex.P6Photocopy of the Promotional materials for products under the mark CABGOLIN.Ex.P7Photocopy of the Judgments of Hon'ble Madras High Court issued in favour of Plaintiff's mark CABGOLIN. (Series)(Nos.2)Ex.P8Plaintiff's product for CABGOLIN.Ex.P9Defendant's product labels for CB-GOLIN.Ex.P10Photocopy of the Emails sent by the 2nd Defendant containing photos and videos showing destruction of infringing goods and materials bearing the mark CB-GOLIN dated 14.09.2024.Defendants side witness and documents:-NIL-10/11 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.135 of 2024SENTHILKUMAR RAMAMOORTHY,JrnaC.S.(Comm.Div.) No.135 of 202416.04.202511/11

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