Madras High Court
Eupharma Laboratories Ltd vs / on 21 November, 2023
Author: Abdul Quddhose
Bench: Abdul Quddhose
C.S. No.1012 of 1998
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 21.11.2023
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.S. No.1012 of 1998
Eupharma Laboratories Ltd. .. Plaintiff
/versus/
Brawn and Burk Pharmaceuticals Pvt. Ltd. .. Defendant
Prayer: Civil Suit has been filed under Order IV, Rule 1 of the Original
Side Rules and Order VII Rule 1 of Code of Civil Procedure read with
Section 27, 105 and 106 of the Trade and Merchandise Marks Act 1958
and Section 55 and 62 of the Indian Copyright Act, 1957 prays for a
judgment and decree:
a)granting a permanent injunction restraining the defendant, their
men, servants, agents or anyone claiming through or under them from in
any manner infringing the plaintiff's Trademark "MALOXINE" by using
the offending Trademark "MALOXINE" or any other mark or marks
which are similar or in any way deceptively similar to or a colourable
imitation of the plaintiff's Trademark "MALOXINE" either by
manufacturing or selling or exporting or offering for sale or in any
manner advertising the same;
b)granting a permanent injunction restraining the defendant, their
men, servants, agents or anyone claiming through or under them from in
https://www.mhc.tn.gov.in/judis
1/4
C.S. No.1012 of 1998
any manner passing off their pharmaceutical products as that of the
plaintiff's by using the offending Trademark "MALOXINE" as and for the
celebrated pharmaceutical products of the plaintiff's with the Trademark
"MALOXINE" either by manufacturing or selling or exporting or offering
for sale or in any manner advertising the same;
c)granting a permanent injunction restraining the defendant, their
men, servants, agents or anyone claiming through or under them from in
any manner infringing the plaintiff's copyright over the artistic work in
colour scheme, getup and layout in the plaintiff's MALOXINE cartons, by
using the offending MALOXINE cartons with identical colour scheme
getup or layout;
d)directing the defendant to render a true and faithful account of
the profits earned by them through the sale of pharmaceutical products
bearing the offending trademark and the trading style "MALOXINE" and
directing payment of such profits to the plaintiff's by way of damages;
e)directing the defendant to surrender to the plaintiff the entire
stock of unused offending goods with Trademark "MALOXINE" together
with offending cartons blocks and dyes for destruction;
f)directing the defendant to pay the plaintiff's the costs of the suit.
For Plaintiff : Mr.Prasanna Venkat for
Mr.A.Prabhakara Reddy
For defendant : Mr.M.V.Venkataseshan
https://www.mhc.tn.gov.in/judis
2/4
C.S. No.1012 of 1998
JUDGMENT
Learned counsel for the plaintiff has reported no instructions in this
matter since the plaintiff Company has been wound up. The suit is of the
year 1998. Till date, the Liquidator has not entered appearance on behalf
of the plaintiff. Learned counsel for the defendant is present. Since the
suit is a very old suit, it can now be inferred that the plaintiff is not
interested in prosecuting the suit. Accordingly, this suit is dismissed for
non prosecution. No costs.
21.11.2023
vga
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE, J.
vga
21.11.2023
https://www.mhc.tn.gov.in/judis
