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Delhi High Court - Orders

Sun Pharmaceutical Industries Ltd vs Synapes Life Sciences P. Ltd. & Anr on 8 February, 2021

Author: Jayant Nath

Bench: Jayant Nath

                          $~OS-19
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     CS(COMM) 35/2021

                                SUN PHARMACEUTICAL INDUSTRIES LTD. ..... Plaintiff
                                                   Through     Mr.Sachin Gupta, Adv.
                                                   versus
                                SYNAPES LIFE SCIENCES P. LTD. & ANR.              ..... Defendants
                                                   Through
                                CORAM:
                                HON'BLE MR. JUSTICE JAYANT NATH
                                                   ORDER

% 08.02.2021 This hearing is conducted through video-conferencing.

This is an application for early hearing.

The application is allowed.

IA Nos. 1106-07/2021 The applications are allowed subject to all just exceptions. CS(COMM) 35/2021 Let the plaint be registered as a suit.

Issue summons to the defendants by speed post, courier and email, returnable for 28.04.2021.

The date of 22.03.2021 is cancelled.

1. This is an application filed under Order 39 Rules 1 and 2 CPC seeking an injunction to restrain the defendants, their directors, partners, etc. from dealing in medicinal preparations under the impugned mark FERONUM or any other mark which is deceptively similar to the plaintiff's trade mark Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:23.03.2021 14:47:59 FARONEM amounting to infringement of the registered trade mark of the plaintiff.

2. It is the case of the plaintiff that the plaintiff's predecessor, namely, Ranbaxy Laboratories Ltd. coined and registered the trade mark FARONEM on 06.10.2004. In December 2005, the medicine FARONEM was launched by the predecessor of the plaintiff for treatment of lungs infection and various other infections. In 2014, the plaintiff, on account of a scheme of arrangement, acquired all the assets along with the intellectual property of Ranbaxy Laboratories Ltd.

3. In January 2021, the plaintiff came across a medicinal product under the impugned mark FERONUM. The plaintiff also came across the defendant No.1's trade mark application for registration of the trade mark FERONUM in Class 5 dated 04.01.2020 filed on proposed to be used basis. The application is currently objected to by the Trade Mark Registry and is said to be pending. Hence, the present suit.

4. It is obvious that the trade mark used by the defendant FERONUM is deceptively similar to the plaintiff's trade mark FARONEM. The plaintiff has made out a prima facie case. The defendants, their directors, partners, proprietors, dealers, stockists, retailers, etc. are restrained by an ex parte injunction from manufacturing, selling, offering for sale, advertising, directly or indirectly, dealing in medicinal preparations under the impugned trade mark FERONUM or any other mark which is deceptively similar to the plaintiff's trade mark FARONEM amounting to infringement of the registered trade mark of the plaintiff.

5. Issue notice to the defendants by speed post, courier and email, returnable for 28.04.2021.

6. The plaintiff to comply with Order 39 Rule 3 CPC within two weeks from today.

7. The date of 22.03.2021 is cancelled.

1. This is an application filed under Order 26 Rule 9 CPC seeking appointment of a Local Commissioner to visit the manufacturing plant of the defendants at the below address and to prepare an inventory and take into custody all the products under the trade mark FERONUM, their packaging, promotional material, stationery, etc. and hand over them to the defendants on superdari.

M/s HPHIN Pharmaceuticals 110/2, Sector-5 SIDCUL U.S. Nagar (Uttarakhand)- 262405.

2. Learned counsel for the plaintiff pleads that unless a Local Commissioner is appointed, it may be difficult to implement the interim orders passed by this court today. There is merit in this plea.

3. The application is allowed.

4. Mr.Siddhant Gupta, Advocate (Mobile No: +91-9582947762) is appointed as a Local Commissioner to visit the following premises of the defendants.

M/s HPHIN Pharmaceuticals 110/2, Sector-5 SIDCUL U.S. Nagar (Uttarakhand)- 262405.

5. The Local Commissioner will visit the concerned premises of the defendants without prior notice. He may visit any other premises in the vicinity where he has information during the course of the commission that infringing products containing the mark FERONUM including their packaging, cartons, etc. are lying. He will prepare an inventory of all the infringing goods, promotional and advertising material or things, etc. containing the mark FERONUM and after seizing and sealing the articles, he shall hand over the same to the defendants or the occupants of the premises on superdari with an undertaking to be produced in the court as and when called upon.

6. The Local Commissioner will procure copies of the books of account and stock registers maintained by the defendants pertaining to medicinal preparations under the impugned mark FERONUM.

7. The Local Commissioner will be accompanied by an authorised representative of the plaintiff whom the defendants/occupants of the concerned premises will allow to enter the premises. The Local Commissioner would be at liberty to break open the locks, if any resistance is shown with the help of local police. The SHO of the concerned police station is directed to ensure proper police protection to the learned Local Commissioner. The Local Commissioners is permitted to take photographs also.

8. The Local Commissioner will file his report within two weeks of the commission. The fee of the Local Commissioner is fixed at Rs.1,00,000/- (Rupees One Lakh) plus out of pocket expenses to be paid by the plaintiff.

9. The application stands disposed of.

10. This order will not be uploaded till the lapse of a period of two weeks Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:23.03.2021 14:47:59 from today.

11. A copy of this order be given dasti under the signatures of the Court Master to the learned counsel for the plaintiff and to the learned Local Commissioner.

JAYANT NATH, J FEBRUARY 8, 2021/rb Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:23.03.2021 14:47:59