Sun Pharmaceutical Industries Limited v. Curewell Drugs And Pharmaceutical P. Ltd & Others

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 870/2017 & I.A.Nos.15339-15341/2017 SUN PHARMACEUTICAL INDUSTRIES LIMITED ..... Plaintiff Through Mr.Sachin Gupta, Advocate.

versus CUREWELL DRUGS AND PHARMACEUTICAL P. LTD & OTHERS ..... Defendants Through Mr.Sagar Chandra with Mr.Bibhunanda Mishra, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 17.01.2018 On the first date of hearing i.e. 20th December, 2017, learned counsel for the defendants had stated that the defendants were ready to change the label of the product having the trade name ReeStart. He had further stated that the defendants had stopped manufacturing and selling products with the impugned label. Now an affidavit has been filed by the defendants dated 11th January, 2018 enclosing the changed label/trade dress bearing the trade name ReeStart.

The revised labels are reproduced hereinbelow:-

Learned counsel for the plaintiff states that his client would be satisfied if the mark/trade name ReeStart is shown as a rectangular device rather than as an oval capsule.

Learned counsel for the defendants states that necessary change(s) would be carried out.

The defendants are directed to file a revised packaging label within a period of one week.

Consequently, the defendants are permitted to manufacture the ReeStart capsules both for men and women in accordance with the revised packaging label.

Accordingly, the present suit is decreed in terms of the aforesaid statements and the revised packaging label shall form part of the decree. Registry is directed to prepare a decree sheet accordingly.

MANMOHAN, J JANUARY 17, 2018 KA