Delhi High Court - Orders
Usv Private Limited vs Ridley Life Science Private Ltd on 3 June, 2020
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~1(original side)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 152/2020 & I.As. 4162-66/2020
USV PRIVATE LIMITED ... Plaintiff
Through: Ms. Shwetasree Majumder, Advocate
with Mr. Prithvi Singh & Ms. Pritika
Kohli, Advocates
versus
RIDLEY LIFE SCIENCE PRIVATE LTD ... Defendant
Through: Ms. Vaishali Tanwar, Advocate
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 03.06.2020 This matter has been taken up for hearing by video- conferencing.
IA No.4164/2020 (exemption)
1. Exemption allowed, subject to all just exceptions.
2. Application sands disposed of.
IA Nos.4165-4166/2020 (exemption)
1. These applications seek exemption from the requirement of filing of attested copies of the documents and payment of court fees.
2. In view of the presently prevailing situation, where a lockdown CS(COMM) 152/2020 Page 1 of 4 has been imposed consequent on the COVID-2019 pandemic, and in view of the order dated 4th April, 2020 passed by this Court on the administrative side, the applicant is permitted to file attested copies of the affidavit/documents and pay the requisite court fees, within one week of lifting of lockdown and resumption of normal court work.
3. Both the applications are allowed to the aforesaid extent.
CS(COMM) 152/2020 and I.A. 4162/2020 (Order XXXIX Rule 1 & 2 CPC), I.A. 4163/2020 (for filing additional documents)
1. The main grievance of the plaintiff, in the present case, relates to the manner in which the words "Multi Vitamin Infusion" have been reflected on the label relating to the defendant's product "MULTIRID", which, like the product of the plaintiff, is a multi- vitamin infusion, i.e. an infusion consisting of various vitamins.
2. The comparative pictorial depiction of the two products is as under:
Plaintiff's product Defendant's product CS(COMM) 152/2020 Page 2 of 4
3. In so far as the "M.V.I." trademark of the plaintiff is concerned, the grievance of the plaintiff is, essentially, regarding the usually large and emphasized manner in which the letters "M", "V" and "I" are reflected in the words "Multi Vitamin Infusion", as contained on the label employed by the defendant.
4. "VI-SYNERAL" on the other hand, being invented words and not descriptive in any manner, the plaintiff objects, absolutely, to the use of the said word on the label of the defendant.
5. Ms. Vaishali Tanwar, learned counsel appearing for the defendant, submits, on instructions, at the outset, that she has instructions to state that her client is willing to modify the allegedly infringing label, by removing the emphasis of letters "M", "V" & "I", in the words " Multi Vitamin Infusion" and also to remove the words "VI SYNERAL", as figuring thereon.
6. The defendant is directed to file an appropriate affidavit, setting out the said submission, by way of e-mail addressed to the Court Master on or before 6th June, 2020, after furnishing an advance copy, thereof, to learned counsel for the plaintiff, via e-mail.
7. Renotify on 8th June, 2020, for further hearing.
8. Learned counsel for the plaintiff draws my attention to the CS(COMM) 152/2020 Page 3 of 4 earlier orders passed by this Court which recognized the defendant as an inveterate infringer and a habitual offender in this regard. She submits that the defendant is in the habit of infringing trademarks of well-known pharmaceutical companies, to market spurious drugs, when the matter reaches the court, agreeing to withdraw the infringing trade mark. This attitude, she submits, has already invited penal costs from this Court. Accordingly, she submits that even if the defendant is willing to rectify the infringing labels, the court should visit the defendant with penal costs in order to prevent such infringement, and unnecessary litigation in future.
9. This aspect would be considered on the next date of hearing.
10. Copy of this order be uploaded on the website positively within 24 hours and also forwarded to learned counsel for the petitioner via email.
C. HARI SHANKAR, J.
JUNE 03, 2020 vk CS(COMM) 152/2020 Page 4 of 4