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Sun Pharma Laboratories Ltd vs Cipla Ltd on 24 February, 2021

Author: Jayant Nath

Bench: Jayant Nath

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+     CS(COMM) 452/2020

      SUN PHARMA LABORATORIES LTD.           ..... Plaintiff
                   Through  Mr.Sachin Gupta and Ms.Rajnandini
                            Mahajan, Advs.
                   versus
      CIPLA LTD.                             ..... Defendant
                   Through  Mr.C.M.    Lall,     Sr.Adv.     with
                            Ms.Archana Sachdeva and Ms.Nancy
                            Roy, Advs.
      CORAM:
      HON'BLE MR. JUSTICE JAYANT NATH

                          ORDER

%                         24.02.2021

IA No. 10102/2020

1. This is an application filed by the plaintiff under Order 39 Rule 2A CPC for disobedience and non-compliance of the order dated 15.10.2020 passed by this court.

2. On 15.10.2020, this court had passed the following order:-

"7. Learned Senior counsel for the defendant rebutting the arguments of the learned counsel for the plaintiff states that the plaintiff's mark is not distinctive but descriptive. A perusal of the applications filed by the plaintiff before the Trademark Registry would show that it did not apply for the trademark on the tagline but claimed rights in the tagline in the manner in which it is written. Reference is also made to Section 35 of the Trademark Act and that the plaintiff's adoption of the words 'HEART STRONG' is not bonafide for the reason prior to the plaintiff there are number of entities who have domain name registrations or campaign running under the said name. Learned Senior counsel for the defendant states that in any case, the defendant is not using the tagline 'MAKING HEARTS STRONGER' for commercial activities or as a trademark.

xxx

9. In view of the fact that the plaintiff has registrations in its favour which is prima-facie proof of validity, till the next date of hearing, the defendant would be bound by the statement of its counsel that the tagline will not be used for the commercial purposes or as a trademark."

3. In the present application, the plaintiff has drawn attention of the court to a website www.makingheartsstronger.com where a tagline "MAKING HEARTS STRONGER" is being used.

4. Learned senior counsel for the defendant however states that this particular website is an educational website and it is not covered by the statement made on 15.10.2020. Learned senior counsel states that they have filed an affidavit in response to the present application. The same is not on record. Let the same be placed on record.

5. List on 24.03.2021.

Issue notice.

Learned counsel for the plaintiff accepts notice. Rely be filed before the next date of hearing. List on 24.03.2021.

JAYANT NATH, J FEBRUARY 24, 2021 rb