Madras High Court
Cadila Healthcare Limited vs M/S.Tcf Pharma Lab Pvt. Ltd on 23 September, 2021
C.S.No.24 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.24 of 2013
Cadila Healthcare Limited,
a Company registered under the Provisions
of the Companies Act, 1956 and
having its Registered Office at
'Zydus Tower', Satellite Cross Road,
Ahmedabad – 380 015 and having Branch Office at
First Floor, New No.24, Old No.16,
Dr.Subbarayan Nagar, 4th Street,
Kodambakkam, Chennai – 600 024.
Represented by General Manager (Legal),
Mr.Mehul A.Pathak ...Plaintiff
Vs.
M/s.TCF Pharma Lab Pvt. Ltd.,
F-4, Annanagar East,
Chennai – 600 102, Tamilnadu. ...Defendant
Prayer: Plaint filed under Order VII Rule 1 of the Civil Procedure Code r/w.
Order IV Rule 1 of the Original Side Rules and Section 27, 134 and 135 of
the Trademarks Act, 1999, praying as follows:-
a) granting a permanent injunction, restraining by an order of
perpetual injunction, the Defendant, its Directors, their employees, agents,
stockists, dealers or others directly or indirectly involved, from in any manner
using in relation to any medicinal or pharmaceutical preparation, in
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C.S.No.24 of 2013
manufacturing or marketing the pharmaceutical product bearing the trademark
LEVOZYNE or any other trademark which is deceptively or confusingly
similar to the plaintiff's registered Trade Mark LEVODAY No.1023745 in
Class 05.
b) granting a permanent injunction, restraining the Defendant, by
themselves, their servants, agents, men, or anyone claiming through them
from manufacturing, marketing, distributing, offering or advertising for sale
any pharmaceutical preparation using the Trade Mark LEVOZYNE or any
other name which is in any way phonetically or deceptively similar to the
Plaintiffs Trade Mark LEVODAY and pass off their pharmaceutical
preparation as the pharmaceutical preparation of the Plaintiffs or enable
others to pass off in any manner.
c) direct and decree the Defendant to deliver to the Plaintiff all the
goods, dies, labels, wrappers, packages, cartons, boxes, articles, literature
and all other materials bearing reference whatsoever with respect to the
offending trademark LEVOZYNE for destruction without compensation.
d) the Defendant be ordered and directed to render true and faithful
accounts of the profits illegally earned by the Defendant by using the
deceptively similar and confusing trade name LEVOZYNE and a decree for
the said amount be passed in favour of the plaintiff against the Defendant.
e) directing the Defendant to pay to the Plaintiffs the costs of the
suit.
For Plaintiff : Mrs.Gladys Daniel
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C.S.No.24 of 2013
JUDGMENT
Mrs.Gladys Daniel, learned counsel appearing for the plaintiff
would seek permission to withdraw the suit with liberty to file a fresh suit, if
there is a future cause of action. She has also filed a memo to that effect.
The said memo is taken on record and this suit is dismissed as withdrawn
with liberty to file a fresh suit, if there is a future cause of action. No costs.
Consequently, connected applications, if any, are closed.
23.09.2021
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Internet:Yes/No
Index:Yes/No
Speaking/Non-Speaking
List of witness and documents filed on the side of the plaintiff:
Nil
List of witness and documents filed on the side of the defendant:
Nil
23.09.2021
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C.S.No.24 of 2013
R.SUBRAMANIAN, J.
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C.S.No.24 of 2013
23.09.2021
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