In a trademark infringement suit filed by Sun Pharmaceutical Industries Ltd. against a Punam Devi for using the trademark RANBAXY LABORATORIES, Justice Jyoti Singh held that once it is shown that the essential features of a trademark were copied other elements like the difference in layout or packaging are of no consequence.
The suit also asked for a permanent injunction against the defendant to prohibit them from using the infringing trademark.
Sun Pharmaceuticals is a well-known pharmaceutical manufacturer that acquired all of Ranbaxy Laboratory’s assets along with the intellectual property and the trademarks RANBAXY and RANBAXY LABORATORIES LIMITED, for which it is now the proprietor.
The plaintiff found out about the defendant’s trademark application for the registration of RANBAXY LABORATORIES, filed on ‘proposed to be used’ basis. Another application under a different trademark class was also found and objected against die to the existence of similar marks on the trademark register.
The plaintiff was discontented by the defendant using a trademark that has marked similarity to their registered trademarks. It was averred that the defendant’s objective was to take advantage of the plaintiff’s trademark by misrepresenting and crating a false belief in consumers that the defendant’s products have a connection with the plaintiff company.
The suit was decided ex-parte as the defendant did not appear, and it was held that he plaintiff did not have to file evidence by way of affidavits, as the “averments in the plaint are supported by an affidavit…”.
The Delhi High Court concluded that the defendant’s mark was visually, phonetically, structurally identical to that of the plaintiff company. The permanent injunction was granted, and the court awarded Rs. 6,00,000/- as costs.
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