Bombay High Court
Sun Pharmaceutical Industries Ltd vs Satej M Katekar Prop Of Absun Pharma on 1 July, 2019
Author: K.R.Shriram
Bench: K.R.Shriram
1/4 18.COMIP-111-2013.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL IP SUIT NO.111 OF 2013
WITH
LEAVE PETITION NO.85 OF 2013
WITH
COMMERCIAL NOTICE OF MOTION NO.27 OF 2013
IN
COMMERCIAL IP SUIT NO.111 OF 2013
Sun Pharmaceutical Industries Limited ....Plaintiff
Vs.
Satej M. Katekar ....Defendant
----
Mr. H. W. Kane a/w. Mr. Aasif Navodia I/b. W. S. Kane and Co. for plaintiff.
None for defendant.
----
CORAM : K.R.SHRIRAM, J.
DATE : 1st JULY 2019
P.C.:
LEAVE PETITION NO.85 OF 2013
1 None for defendant. There is no affidavit in reply opposing this
petition.
2 Therefore, leave as prayed for in terms of prayer clause - (a) is
granted.
3 Leave petition accordingly stands disposed.
COMMERCIAL IP SUIT NO.111 OF 2013
4 None for defendant. I have to note that defendant was absent
even on 3rd June 2019.
Gauri Gaekwad
::: Uploaded on - 05/07/2019 ::: Downloaded on - 09/07/2019 23:02:29 :::
2/4 18.COMIP-111-2013.doc
5 Heard Mr. Kane and the following issues are framed :
ISSUES
(1) Whether defendant has infringed plaintiff's registered house mark SUN/SUN PHARMA bearing registration nos.408870, 1573582 and 1564369, all in class 05 by the use of the trade mark ABSUN/ABSUN PHARMA in respect of medicinal and pharmaceutical preparations?
(2) Whether defendant is passing off its medicinal and pharmaceutical preparations and/or its business of manufacturing and/or selling and/or exporting and/or marketing of medicinal and pharmaceutical preparations as and for plaintiff's medicinal and pharmaceutical preparations and/or plaintiff's business of manufacturing and/or selling and/or exporting and/or marketing of medicinal and pharmaceutical preparations by the use of the impugned trading name and mark ABSUN/ ABSUN PHARMA?
(3) Whether defendant has infringed plaintiff's registered trade mark "EYEMIST" bearing registration no.1248761 in class 05 by the use of the trade mark "E-MIST" in respect of medicinal and pharmaceutical preparations?
(4) Whether defendant is passing off its medicinal and pharmaceutical preparations and/or its business of manufacturing and/or selling and/or exporting and/or marketing of medicinal and pharmaceutical preparations as and for plaintiff's medicinal and pharmaceutical preparations and/or plaintiff's business of manufacturing and/or selling and/or exporting and/or marketing of medicinal and pharmaceutical preparations by the use of the impugned trade mark "E-MIST"?
(5) Whether defendant proves that plaintiff's said trade mark "SUN" is common to the trade?
(6) Whether defendant proves that plaintiff has acquiesced in the use of the impugned trading name/mark ABSUN/ABSUN PHARMA by defendant?
Gauri Gaekwad
::: Uploaded on - 05/07/2019 ::: Downloaded on - 09/07/2019 23:02:29 :::
3/4 18.COMIP-111-2013.doc
(7) What decree? What order?
6 On or before 20th July 2019 parties shall file their respective
affidavit of documents and serve a copy thereof upon the other side, failing which parties will not be permitted to rely on any document, copy whereof is not annexed to the plaint and/or written statement and mentioned in the list of documents annexed to the plaint and/or written statement. This will not, however, prevent a party from confronting a witness of another party with any document.
7 By 26th July 2019 inspection to be completed. If inspection is not given, such party will not be permitted to rely on such document.
By 3rd August 2019 statement of admission and denial with reasons for denial to be exchanged. If the statement of admission and denial is not given, parties shall be deemed to have admitted the existence of all the documents of the other side.
8 By 21st August 2019 plaintiff to file its list of witnesses, affidavit in lieu of examination in chief of the first witness together with compilation of documents and serve a copy thereof upon defendant.
9 Suit be listed on 28th August 2019 for marking of documents/ recording of evidence on which date plaintiff's first witness shall remain Gauri Gaekwad ::: Uploaded on - 05/07/2019 ::: Downloaded on - 09/07/2019 23:02:29 ::: 4/4 18.COMIP-111-2013.doc present in Court.
(K.R. SHRIRAM, J.) Gauri Gaekwad ::: Uploaded on - 05/07/2019 ::: Downloaded on - 09/07/2019 23:02:29 :::