Aristo Pharmaceuticals Private Limited v. Gls Pharma Limited
Nitin 1 / 2 906-S-161-2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 161 OF 2015 Aristo Pharmaceuticals Private Limited ...
Plaintiff
Versus
GLS Pharma Limited ...
Defendant Mr. B.N. Poojari for the Plaintiff.
Mr. Hafeezur Rahman for the Defendant.
CORAM : S.J. KATHAWALLA, J.
DATED : 14 TH JULY, 2015 P.C.:
1.
Heard the learned Advocates appearing for the parties and the following order is passed by consent :
i.
The Suit is decreed in terms of prayer clauses (a) and (b), which are reproduced hereunder :
"(a) For perpetual order of injunction of this Hon'ble Court restraining the Defendant by themselves and / or their servants, agents, representatives and / or any person(s) claiming under or through them from infringing the Plaintiff's trademark 'DOXOMAX' under registration No. 1726799 in class 05 at Exhibit-F hereto by adopting and / or in any manner using the mark 'DOXOMAX-10' or any mark identical with and / or deceptively similar to the Plaintiff's registered
Nitin 2 / 2 906-S-161-2015 mark 'DOXOMAX', and / or its colourable imitations as trademark or otherwise in respect of medicinal and / or pharmaceutical preparations or similar goods. (b)For perpetual order of injunction of this Hon'ble Court restraining the Defendant by themselves and / or their servants, agents, representatives and / or any person(s) claiming under or through them from passing-off medicinal and / or pharmaceutical preparations or similar goods by adopting and / or in any manner using 'DOXOMAX-10' as trademark or otherwise or any mark identical with and / or deceptively similar to the Plaintiff's trademark 'DOXOMAX', or any of its colourable imitations as trademark or otherwise in respect of the medicinal and / or pharmaceutical preparations or similar goods".
ii.
The Plaintiff is not pressing for any cost and / or damages against the Defendant.
iii.
The Suit as well as Notice of Motion (L) No. 2862 of 2014 are accordingly disposed of.
iv.
Refund of Court Fees, if any, as per Rules.
(S.J. KATHAWALLA, J.)