Delhi High Court - Orders
Sanofi India Limited vs Saint Michael Biotech & Ors on 24 November, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~11 & 12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O. (COMM.IPD-TM) 161/2023
SANOFI INDIA LIMITED ..... Petitioner
Through: Mr. Peeyoosh Kalra, Ms. V. Mohini
& Ms. Pragati Agrawal, Advocates.
versus
SAINT MICHAEL BIOTECH & ORS. ..... Respondents
Through: Mr. Sanjeev Singh, Adv. D-1&3 (M.
8447095843)
12 AND
+ CS(COMM) 348/2023 & I.A. 10440/2023
SANOFI INDIA LIMITED ..... Plaintiff
Through: Mr. Peeyoosh Kalra, Ms. V. Mohini
& Ms. Pragati Agrawal, Advocates.
versus
SUNNY DRUGS AND PHARMACEUTICALS
LTD & ORS. ..... Defendants
Through: Mr. Sanjeev Singh, Adv. D-1&3 (M.
8447095843)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 24.11.2023
1. This hearing has been done through hybrid mode.
2. The present suit has been filed by the Plaintiff- Sanofi India Limited, seeking permanent injunction against the Defendants, restraining them from using the marks 'COMFLAM/COMFLAM+' and 'CONIFLAM', as also any mark which is deceptively similar to the Plaintiff's mark 'COMBIFLAM'.
3. The Plaintiff's mark 'COMBIFLAM' bearing no. 426051 is registered under class 5 for 'medicinal and pharmaceutical preparations', is a well-
C.O. (COMM.IPD-TM) 161/2023 & CS(COMM) 348/2023 Page 1 of 4This 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 29/11/2023 at 00:12:44 known analgesic and anti-inflammatory tablet adopted in the year 1984 with respect to a combination of 'Ibuprofen' and 'Paracetamol' tablets.
4. It is averred that the Defendants in the present case are also engaged in identical business of manufacturing and selling pharmaceutical and medical preparations under the mark 'COMFLAM' bearing registration number 1052537 under class 5.
5. The Defendants have an identical product in an identical packaging with almost an identical mark i.e. 'COMFLAM'. The same has been extracted below:
C.O. (COMM.IPD-TM) 161/2023 & CS(COMM) 348/2023 Page 2 of 4This 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 29/11/2023 at 00:12:44
6. The only difference is the absence of letters 'BI' from the Plaintiff's mark 'COMBIFLAM'. The Defendant Saint Michael Biotech has a registration in its favour for 'COMFLAM'. Initially, no injunction was granted in the present case.
7. Vide order dated 10th July, 2023, Defendants had agreed not to use the mark 'CONIFLAM'. The issue at present in this case is only in respect of the use of the mark 'COMFLAM' and 'CONIFLAM' by the Defendants.
8. The Court has perused the documents filed by the Plaintiff and the Defendants and has also seen the packaging of the Defendants bearing the mark 'COMFLAM'.
9. Clearly, these are pharmaceutical preparations. A perusal of the packers and loaders documents and the packing receipts would show, that the Defendants' product has been referred to as the 'Sunny's Combiflam'. This is a clear passing off even in the transporter's end. The identity in C.O. (COMM.IPD-TM) 161/2023 & CS(COMM) 348/2023 Page 3 of 4 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 29/11/2023 at 00:12:44 packaging, mark and the nature of the product of the Defendants, leaves no manner of doubt that the customers i.e. the patients and the medical community would be completely confused between the Plaintiff's product and the Defendants' product.
10. Under such circumstances, the Court is inclined to injunct the use of the mark 'COMFLAM' and the accompanying packing, in respect of pharmaceutical preparations.
11. At this stage, Mr. Singh, ld. Counsel for the Defendants seeks time to take instructions in the matter and also seeks time to go through the documents which have been filed by the Plaintiff.
12. On the next date, the owners of both Saint Michael Biotech and Sunny Drugs and Pharmaceuticals Ltd. shall remain present in Court. They shall also produce before the Court their complete sale figures for the products 'COMFLAM' 'CONIFLAM' and 'COMFLAM +' since inception. The sales figures shall be produced by way of a Chartered Accountant certificate.
13. Compliance of Order XXXIX, Rule 3 CPC, 1908, within a week.
14. List on 14th December, 2023 on top of the board.
PRATHIBA M. SINGH, J.
NOVEMBER 24, 2023 Rahul/ks C.O. (COMM.IPD-TM) 161/2023 & CS(COMM) 348/2023 Page 4 of 4 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 29/11/2023 at 00:12:44