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Sanofi India Limited vs Ridley Life Science Private Limited on 31 May, 2021

Author: Jayant Nath

Bench: Jayant Nath

                          $~OS-2
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CS(COMM) 245/2021
                               SANOFI INDIA LIMITED                     ..... Plaintiff
                                             Through Mr.Peeyoosh Kalra, Ms.V.Mohini
                                                     and Mr.Udayvir Rana, Advs.

                                                     versus

                                RIDLEY LIFE SCIENCE PRIVATE LIMITED                 ..... Defendant
                                               Through  None.

                                CORAM:
                                HON'BLE MR. JUSTICE JAYANT NATH

                                              ORDER

% 31.05.2021 This hearing is conducted through video conferencing. IA Nos.6832-6834 & 6836/2021(exemption) Applications are allowed subject to all just exceptions. IA No.6835/2021(court fees) Court fees be filed within three weeks.

The application stands disposed of.

CS(COMM) 245/2021 Let the plaint be registered as suit.

Issue summons to the defendant through speed post, courier and email, returnable for 02.09.2021.

1. This application is filed under Order 39 Rules 1 and 2 CPC by the plaintiff seeking the following reliefs:

"a) Grant an ad-interim injunction in favour of the Applicant and against infringement of Applicant's registered trade marks 'COMBIFLAM' under No.426051, 'COMBIFLAM VET', under No.2747470, ' ' under No. 3320487 and 'COMBIFLAM, Pain gone, zindagi (life) on' under No.3559775 restraining the Defendant, its promoters, directors, assigns, relatives, successors-in-interest, licensees, franchisees, partners, representatives, servants, distributors, employees, agents etc. or anyone associated with them from using the marks CONCIFLAM and CORIFLAM or any other mark or marks, identical to or deceptively similar to or containing the Applicant's registered trade marks 'COMBIFLAM' under No. 426051, 'COMBIFLAM VET', under No. 2747470, ' ' under No.3320487 and 'COMBIFLAM, PAIN GONE, ZINDAGI (LIFE) ON' under No. 3559775, respectively, either as a trade mark/corporate name/domain name, on their website, social media webpages, online trade directories, online medical trade portals etc. and/or in any manner whatsoever so as to infringe the same; and

b) Grant an ad-interim injunction in favour of the Applicant restraining the Defendant, its promoters, directors, assigns, relatives, successors-in-interest, licensees, franchisees, partners, representatives, servants, distributors, employees, agents etc. or anyone associated with them from using the marks CONCIFLAM and CORIFLAM and/or any other mark identical to or deceptively similar to the Applicant's trade mark COMBIFLAM, COMBIFLAM VET, and COMBIFLAM, PAIN GONE, ZINDAGI (LIFE) ON in any manner whatsoever so as to pass off or enable others to pass off their goods as and for the goods of the Applicant."

2. The case of the plaintiff is that the plaintiff applied for registration of the mark 'COMBIFLAM' in Class 5 on 22.08.1984. The said mark was duly Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:02.06.2021 10:34:50 registered and is currently valid upto 22.08.2025.

3. In 2009, the plaintiff also launched its product COMBIFLAM Cream. In 2013, the plaintiff launched its product COMBIFLAM PLUS tablets, a formulation of paracetamol and caffeine. In 2014, the plaintiff applied for registration of 'COMBIFLAM VET' in Class 5 for veterinary preparations and substances in India. In 2016, the plaintiff applied for registration of the mark in Class 5 for pharmaceutical preparations; pain relief product in India.

4. It is stated that the sales figures of the plaintiff's products/services sold under the mark 'COMBIFLAM' in India are INR 1,918.90 million.

5. In February, 2021, the representatives of the plaintiff came across products under the mark 'CONCIFLAM' in respect of identical pharmaceutical medicines on the website of the defendant at 'www.rlspl.com'. The products of the plaintiff and the defendant are identical.

6. The plaintiff has made out a prima facie case. The defendant is restrained from manufacturing, selling, advertising directly or indirectly or through its promoters, directors, employees etc. any goods under the marks 'CONCIFLAM' and 'CORIFLAM' or any other mark, which is identically or deceptively similar to the plaintiff's registered trademark COMBIFLAM, COMBIFLAM VET, and COMBIFLAM, PAIN GONE, ZINDAGI (LIFE) ON in any manner whatsoever till further orders.

7. Issue notice to the defendant through speed post, courier and e-mail, returnable for 02.09.2021.

8. The plaintiff to comply with the provisions of Order 39 Rule 3 CPC within one week from today.

JAYANT NATH, J.

MAY 31, 2021/v Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:02.06.2021 10:34:50