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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 10.03.2015
+ CS(OS) 1333/2011
RANBAXY LABORATOREIS LIMITED ..... Plaintiff
Through: Mr. Shashi P. Ojha, Adv.
Versus
M/S. MESJURA SERGEI VLADIMIRIVYCH & ANR.
..... Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Oral)
This is a suit for permanent and mandatory injunction restraining infringement of trade mark, copyright, domain name, passing off, rendition of accounts, damages, etc. against the defendants for plaintiff's statutory and common law proprietary rights over the trademark 'KETANOV' and the violation thereof by the defendants by registering plaintiff's trademark 'KETANOV' as its domain name www.ketanov.kiev.ua without any authorisation, permission or license by the plaintiff. The plaintiff is a company incorporated under the Indian Companies Act, 1956. It is one of the _________________________________________________________________________________ CS (OS) No.1333 of 2011 Page 1 of 4 world's largest pharmaceutical companies. The trade name 'KETANOV' had been registered in the name of the plaintiff in various countries across the world. It is averred that the said trade name has been in use since 1992 in India; the mark 'KETANOV' was a registered mark of the plaintiff under registration No.555727 in Class 5 for pharmaceutical and medicinal preparations. Subsequently, the said mark got removed from the Register of Trade Marks on the basis of non-renewal as notified in Journal number 1435. In the meanwhile, the plaintiff had again applied for the said registration of the mark 'KETANOV', by an application dated 28.01.2011 vide application No. 02090778 claiming user of the Mark 'KETANOV' for pharmaceutical and medicinal preparations. The medicine 'KETANOV' is used in post-operative care as an analgesic, anti- inflammatory and mild antipyretic actions. The said medicine of the plaintiff is offered for sale in the form of tablets of 10 mg as well as injections.
The defendants are stated to be using the domain name www.ketanov.kiev.ua which, according to the plaintiff, dilutes their goodwill in the trademark and seeks to unjustly benefit the defendants _________________________________________________________________________________ CS (OS) No.1333 of 2011 Page 2 of 4 to the detriment of the interests of the plaintiff. The plaintiff seek an injunction restraining the defendants from using the said expression.
The defendants have been proceeded ex parte. Even today, none appears to represent them.
The learned counsel for the plaintiff submits that he does not seek any damages or costs of the present proceedings.
This Court is of the view that no purpose would be served if the matter is sent for recording of evidence in terms of this Court's order in Satya Infrastructure Ltd. & Ors. v. Satya Infra & Estate Pvt. Ltd. CS(OS) 1213/2014 wherein the Court while considering whether the plaintiff is to be directed to lead ex parte evidence, held:
"5. .................. no purpose will be served in such cases by directing the plaintiff to lead ex parte evidence in the form of affidavit by way of examination-in-chief and which invariably is a repetition of the contents of the plaint. The plaint otherwise, as per the amended CPC, besides being verified, is also supported by affidavits of the plaintiff."
What the Court is to ascertain is whether the plaintiff is entitled to a decree of mandatory injunction forthwith. There is violation of _________________________________________________________________________________ CS (OS) No.1333 of 2011 Page 3 of 4 the plaintiff registered trademark KETANOV by the defendants. The case of the plaintiff as set out in the plaint stands unrebutted. The plaintiff is entitled to protection of their trademark and for grant of decree as prayed for. In the circumstances, the suit is decreed in terms of paragraph No. 28(i), (ii), (iii) and (iv) of the plaint. A Decree Sheet be drawn up accordingly.
The suit is disposed off in the above terms.
MARCH 09, 2015/acm NAJMI WAZIRI, J.
_________________________________________________________________________________ CS (OS) No.1333 of 2011 Page 4 of 4