Delhi High Court - Orders
Alkem Laboratories Limited vs Danish Health Care Pvt Ltd & Anr on 5 April, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:07.04.2022
06:43:19
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 466/2021 & I.A.12378/2021
ALKEM LABORATORIES LIMITED ..... Plaintiff
Through: Mr. Sagar Chandra, Ms. Ishani
Chandra, Ms. Srijan Uppal, Mr.
Abhishek Bhati, Mr. Yashasvi Gupta,
Mr. Ravindra Raturi &Ms. Mehek
Dua, Advocate. (M:9654041529)
versus
DANISH HEALTH CARE PVT LTD & ANR. ..... Defendants
Through: Ms. Vibuhti Sharma with Ms.
Khushboo Tomar, Advocates. (Mob
No. 9818558690)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 05.04.2022
1. This hearing has been done through hybrid mode.
2. The Plaintiff-Alkem Laboratories Ltd. has filed the present suit seeking protection of its trademark 'ALDIGESIC'. The Plaintiff is the registered proprietor of 'ALDIGESIC' and its variants. As averred in the Plaint, the Plaintiff adopted the mark 'ALDIGESIC' in the year 1999 and has been continuously and uninterruptedly using the said mark since the year 2010 in respect of goods being Medicinal and Pharmaceutical Preparations and Substances. The Plaintiff manufactures and markets tablets containing Aceclofenac and Paracetamol under the trademark 'ALDIGESIC P', in a distinctive trade dress being peach colour tablets, packed in 5x3 blister packs.
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:07.04.2022 06:43:193. In the present suit, the Plaintiff alleges infringement of its trademark 'ALDIGESIC' by the Defendants, who manufacture and market their product containing Aceclofenac and Paracetamol, under the mark 'ALGESIC P', in 5x3 blister packs of peach colour tablets.
4. Parties have arrived at an amicable resolution of the disputes under the aegis of the Delhi High Court Mediation and Conciliation Centre. The Settlement Agreement dated 29th January, 2022 has been placed on record. The same has been signed by the Ld. Mediator. Consent emails on behalf of both of parties have also been placed on record. By the said settlement agreement, the Defendants have acknowledged the Plaintiff's rights in the mark 'ALDIGESIC' and its variants. The Defendants have also undertaken to not manufacture, sell, offer for sale, import, export, launch, advertise any pharmaceutical preparations, or any cognate and allied goods, under the impugned mark 'ALDIGESIC' or any variants thereof. They have also undertaken not to use any trade dress and packaging which is identical or deceptively similar to that of the Plaintiff's product under the mark 'ALDIGESIC'.
5. This Court has perused the settlement terms contained in paragraphs E(1) to E(18). The terms of the settlement agreement are lawful, and there is no impediment in recording the settlement. Parties and any persons acting for or on their behalf shall be bound by the terms of the Settlement Agreement. The present suit is decreed in terms of the Settlement Agreement dated 29th January, 2022, as also the prayer clause as contained in paragraph 39(i) to (iv) of the plaint.
6. In terms of the Settlement Agreement, the Defendants have already written a letter dated 17th November, 2021 to the Registrar of Trademarks Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:07.04.2022 06:43:19 for withdrawal of the Application for the registration of the word mark 'ALGESIC', bearing No.4738869 dated 9th November, 2020 for goods being Medicinal and Pharmaceutical preparations, as applied for in Class 5. The Registrar of Trademarks shall pass an order directing withdrawal of the said mark, within four weeks. Copy of the present order be filed with the Registrar of Trademarks by the ld. Counsel for the Plaintiff.
7. Considering that the present suit is still at a nascent stage, court fee to the extent of 50% shall be refunded to the Plaintiff.
8. Decree Sheet be drawn accordingly. All pending applications are also disposed of.
PRATHIBA M. SINGH, J.
APRIL 5, 2022 dj/ad