Delhi High Court
Wings Pharmaceuticals Pvt. Ltd. vs Genford Drugs Pvt. Ltd. & Ors. on 6 April, 2023
Neutral Citation Number : 2023:DHC:2393
$~54 (Original)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 51/2023 and I.A. 1796/2023(Order XXXIX Rules
1 and 2 of the CPC)
WINGS PHARMACEUTICALS PVT. LTD. ..... Plaintiff
Through: Mr. Sachin Gupta, Mr. Manan
Mondal and Mr. Rohit Pradhan, Advs.
versus
GENFORD DRUGS PVT. LTD. & ORS. ..... Defendants
Through: Mr. Manoj Arora, Adv. for
Defendants 1 and 3
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
% 06.04.2023
I.A. 6435/2023 (Order XXIII Rule 3 of the CPC)
1. The dispute between the parties stands amicably resolved. The
present application under Order XXIII Rule 3 of the Code of Civil
Procedure, 1908 (CPC) has been jointly filed by the parties. The
terms of settlement read thus:
"i. The Defendants No. 1 and 3 above named hereby
recognizes the Plaintiff is registered proprietor of the trade
mark/copyright ORASORE blue and white Carton
Packaging/Trade Dress, MOUTH + FIRST AID (Hindi and
English) thereby having exclusive right to the use of the said trade
marks, the details of which are given in the table below:
TRADE MARK REGISTRATIONS
S. Trade Mark No. & Date Class/goods
No.
Signature Not Verified 1. ORASORE 787554 Dt. Pharmaceuticals and
Digitally Signed
Signing Date:10.04.2023
11:23:07
Neutral Citation Number : 2023:DHC:2393
14/01/1998 medical preparations
in class 5
2. ORASORE 3506438 Dt. Pharmaceuticals and
MOUTH + FIRST AID 04/03/2017 medical preparations
in class 5 in Class 5
(Word)
3. 3506440 Dt. Dentifrices in class 3
04/03/2017
4. 3506442 dt. Dentifrices in class 3
04/03/2017
Carton Packaging/trade dress from the year 2015
Carton Packaging/trade dress from the year 2018 onwards
ii. The Defendants No. 1 and 3 undertake to refrain themselves,
their Directors, their assigns in business, licensees, franchisee,
distributors, dealers, stockiest, retailers, chemists, from
manufacturing, selling, offering for sale, advertising, directly or
indirectly dealing in medicinal & pharmaceutical preparations under
the impugned mark ORASENZ its Packaging/Trade Dress or any
other trade mark as may be deceptively similar to the Plaintiffs
registered trade mark ORASORE blue and white Dispenser, Mono
Carton and Lami Tube Packaging/Trade Dress amounting to
infringement of copyright of the Plaintiff registered.
Signature Not Verified
Digitally Signed
Signing Date:10.04.2023
11:23:07
Neutral Citation Number : 2023:DHC:2393
Defendant's mark
ORASENZ
iii. The Defendants No.1 and 3 confirm that the stock of the
medicine under impugned mark ORASENZ, lying with them is as
under:
Impugned Batch Manufacturing Expiry Qty.
Product No. Date
ORASENZ 599 10/2021 09/2023 55 unites
iv. The Defendant No.1 and 3 confirm that the batch details of
the medicines under the impugned mark ORASENZ, which have not
expired as on date are as below:
Impugned Batch Manufacturing Expiry Qty.
Product No. Date
ORASENZ 599 10/2021 09/2023 55 unites
v. The Defendant No.1 confirms that the products and/or
packaging material bearing the impugned mark ORASENZ, which
was seized by the Ld. Local Commissioner on 04.02.2023 shall be
Signature Not Verified destroyed in the presence of the Plaintiffs representative, within 2
Digitally Signed
Signing Date:10.04.2023
11:23:07
Neutral Citation Number : 2023:DHC:2393
weeks of the recording of the present settlement;
vi. The Defendant No. 1 confirms that it shall withdraw the
application for ORASENZ (word) under no. 4505994 dated
20.05.2020 in class-05 within a period of 2 weeks of the recording
of the present settlement;
vii. The Defendant No. 1 also confirm that apart from the
aforementioned application, they have not filed any other
application for registration of the impugned mark, namely
ORASENZ and ORASENZ blue and white impugned Carton
Packaging/Trade Dress which is deceptively similar to Plaintiffs
well-known registered trade mark ORASORE registered under
no's. 787554 dated 14.01.1998 in class 5, 3506438 & 3506440
dated 4.3.2017 in class 5 & 3, respectively and Plaintiff's copyright
registered under no. A-137528/2021 for ORASORE blue and white
Carton Packaging Trade Dress;
viii. The Defendant No. 1 agrees, that the trade mark, trade
dress/packaging of the Plaintiff's product has acquired well known
status in the market, due to its longstanding exclusive and
continuous usage amongst the users.
ix. The abovementioned undertakings have been tendered by
Mr. Kishor Joshi on behalf of all the Defendants No.1 and 3 and
the same shall be binding on the Defendants No.1 and 3, its
assignees in business, franchisees, licensees, distributors, dealers
and agents for all times to come;"
2. Parties are represented by learned Counsel, who undertake on
behalf of their respective clients to abide by the aforenoted terms of
settlement.
3. As such, nothing survives for adjudication in the present suit.
The suit is accordingly decreed in terms of the aforesaid terms of
settlement by which the parties shall remain bound.
4. Let a decree-sheet be drawn up accordingly.
5. The plaintiff shall be entitled to refund of the court fee, if any,
deposited by it.
Signature Not Verified
Digitally Signed
Signing Date:10.04.2023
11:23:07
Neutral Citation Number : 2023:DHC:2393
6. Miscellaneous applications, if any, do not survive for
consideration and are accordingly disposed of.
C.HARI SHANKAR, J
APRIL 6, 2023
rb
Signature Not Verified
Digitally Signed
Signing Date:10.04.2023
11:23:07
