Madras High Court
Sun Pharmaceutical Industries ... vs Salud Care (I) Pvt Ltd on 21 October, 2021
C.S.No.190 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.190 of 2011
Sun Pharmaceutical Industries Limited
CD Plot No.3, Door No.8,
Old Tower Block Street,
Nandhanam Extension,
Chennai – 600 035,
rep. by its Constituted Attorney
K.Murugesan ...Plaintiff
.Vs.
Salud Care (I) Pvt Ltd.,
172-B, Manicktala Main Road,
Kolkatta – 700 054. ... Defendant
Plaint filed under Order IV Rule 1 of the Original Side Rules and
Order VII Rule 1 of the Code of Civil Procedure read with Sections 27,
28, 29, 134 and 135 of the Trade Marks Act, 1999 praying for a judgment
and decree against the defendant as follows:
a) A permanent injunction restraining the defendant, its
distributors, stockists, servants, agents, retailers, legal representatives or
any other person claiming under it from in any manner manufacturing,
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C.S.No.190 of 2011
selling, offering for sale, stocking, advertising directly or indirectly
dealing in medicinal and pharmaceutical preparations infringing
plaintiff's registered trademark CABGOLIN by use of deceptively similar
trademark GOLIN or any mark deceptively similar to plaintiff's
registered trademark CABGOLIN or in any other manner whatsoever;
b) A permanent injunction restraining the defendant, its
distributors, stockists, servants, agents, retailers, legal representatives or
any other person claiming under it from in any manner manufacturing,
selling, offering for sale, stocking, advertising directly or indirectly
dealing in medicinal and pharmaceutical preparations under the
trademark GOLIN or any other trademark that is identical and/ or
deceptively similar as that of the plaintiff's registered trademark
CABGOLIN and/ or use similar packaging as that of the plaintiff's
products under the mark CABGOLIN so as to pass off the defendant's
medicinal preparations as and for the medicinal preparations of the
plaintiff and/ or in any other manner whatsoever connected with the
plaintiff;
c) The defendant be ordered to pay to the plaintiff a sum of
Rs.1,00,000/- as liquidated damages for committing acts of infringement
against plaintiff's registered trademark so as to pass off its products as
and for the plaintiff's products;
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C.S.No.190 of 2011
d) The defendant be ordered and decreed to deliver up for
destruction to the plaintiff all the preparations, dies, blocks, labels,
packaging either filled or empty, brochures, leaflets, pamphlets, hand
bills, hoardings, wall posters, calendars, carry bags, stationery items and
such other sales promotional materials bearing and/ or containing the
impugned trademark GOLIN;
e) A preliminary decree be passed in favour of the plaintiff
directing the defendant to render accounts of profits made by it by use of
the trademarks GOLIN which is identical and/ or deceptively similar and
a final decree be passed in favour of the plaintiff for the amount of
profits found to have been made by the defendant after the latter has
rendered accounts and
f) for costs of the entire proceedings.
For Plaintiff : Mr.Keerthi Kiran
for Mr.A.A.Mohan
For Defendant : Mr.Biswajit Sarkar
********
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C.S.No.190 of 2011
JUDGMENT
Heard Mr.Keerthi Kiran, learned counsel appearing for the
plaintiff and Mr.Biswajit Sarkar, learned counsel appearing for the
defendant.
2. The defendant had sent an E-mail to the counsel for the plaintiff
on 8th September 2021 and the contents of the E-mail is as follows:-
“This Trademark is not being used now by
us. The Trademark “GOLIN” has not been in
operation since the time you have opposed. We
have stopped selling this medicine under
pharmaceutical formulations.”
The counsel for the plaintiff would submit that the suit may be
dismissed, recording the said E-mail, as withdrawn.
3. The suit is therefore dismissed as withdrawn of course with
liberty to move in case there is a future cause of action. No costs.
21.10.2021
dsa
Index : No
Internet : Yes
Non-speaking order
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C.S.No.190 of 2011
List of the witnesses examined on the side of the plaintiff: Nil
List of Exhibits marked on the side of the plaintiff : Nil
List of the witnesses examined on the side of the defendant: Nil
List of Exhibits marked on the side of the defendant: Nil
21.10.2021
dsa
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C.S.No.190 of 2011
R.SUBRAMANIAN, J.
dsa
C.S.No.190 of 2011
21.10.2021
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