Delhi High Court - Orders
Cipla Limited vs Laborate Pharmaceuticals India ... on 29 February, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 608/2019 & I.A. 15286-15287/2019
CIPLA LIMITED ..... Plaintiff
Through: Ms. Tusha Malhotra and Ms. Yamini
Jaswal, Advocates.
versus
LABORATE PHARMACEUTICALS INDIA LIMITED
..... Defendant
Through: Mr. Chirag Ahluwalia and Mr. Mohit
Maru, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 29.02.2024
1. The suit has been partly decreed on 01st April, 2022 on the basis of the Settlement Agreement dated 22nd March, 2022 arrived at between the parties before the Delhi High Court Mediation and Conciliation Centre. The said settlement pertained to the impugned trademarks "LABODINE" and "PANTAZOLE", and the suit continued in respect of the mark "OMNILAB" of the Defendant.
2. As noted in various orders, the parties have been engaged in settlement discussions regarding "OMNILAB" mark, without any resolution.
3. The Court has inquired from the counsel as to the stage of the settlement negotiations, to which, the Defendant's counsel, on instructions, states that although the mark "OMNILAB" is registered in Defendant's This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2024 at 23:42:53 favour as both a word and device mark, however, with a view to bring this litigation to an end, they are willing to give up the use of the said mark, and are also agreeable for the cancellation of the registrations. In fact, he informs that despite there being no injunction, the Defendant has voluntarily stopped production of the pharmaceutical products under "OMNILAB" mark since 01st April, 2023. Counsel for Defendant further states that insofar as the Plaintiff's trade dress is concerned, the Defendant is also willing to give an undertaking that any trade dress adopted by them shall not be similar to or be a colourable imitation of the Plaintiff's trade dress.
4. Let an affidavit enumerating the above averments be filed within a period of two weeks from today. Considering the aforenoted statement, counsel for Plaintiff shall take instructions from their client on further course of action.
5. Re-notify for further proceedings on 18th March, 2024.
SANJEEV NARULA, J FEBRUARY 29, 2024 as This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2024 at 23:42:53