Delhi High Court
Ranbaxy Laboratoreis Limited vs M/S. Mesjura Sergei ... on 10 March, 2015
$~9
* 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
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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
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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
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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.
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