Delhi High Court - Orders
Sun Pharma Laboratories Limited vs Cipla Ltd on 5 November, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 452/2020
I.A. 9383/2020 (under Order XXXIX Rule 1 and 2 CPC)
SUN PHARMA LABORATORIES LIMITED ..... Plaintiff
Represented by: Mr.Sachin Gupta, Advocate with
Ms.Rajnandini Mahajan, Advocate
versus
CIPLA LTD. ..... Defendant
Represented by: Mr.C.M.Lall, Sr. Advocate with
Ms.Archana Sachdeva, Ms.Nancy
Roy and Ms.Neha Tandon, Advocates
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 05.11.2020 The hearing has been conducted through Video Conferencing. I.A.10102/2020 (under Order XXXIX Rule 2A CPC-by plaintiff)
1. Vide order dated 15th October, 2020, on hearing the parties at the ad- interim stage, this Court recorded the statement of learned Senior Counsel for the defendant who stated that the defendant is not using the tagline 'MAKING HEARTS STRONGER' for commercial activity or as a trademark. Thus, in para 9 of the order, this Court noted that the defendant would be bound by the statement of its counsel that the said tagline will not be used for commercial purposes or as a trademark.
2. By this application, the plaintiff states that the defendant continues to use the impugned tagline 'MAKING HEARTS STRONGER' as a domain Signature Not Verified Digitally Signed By:JUSTICE CS(COMM) 452/2020 PageGUPTA MUKTA 1 of 2 Signing Date:05.11.2020 17:25:18 name thus as a trade mark, which is evident from the screen shots of the impugned website namely www.makingheartsstronger.com.
3. Learned counsel for the plaintiff also submits that the defendant is using the tagline even for commercial purposes. Case of the plaintiff is that when the website of the plaintiff is reached, it gives options of hyperlinks that direct the visitors to various websites through which the defendant carries on its commercial activity.
4. Plaintiff will place on record additional material to show that by hyperlinks created through the website(s) with the domain name 'MAKING HEARTS STRONGER', the defendant enters into commercial activity. Learned counsel for the plaintiff also states that user of domain name is also to be protected as a trademark, which aspect is opposed by the learned counsel for the defendant, who states that the plaintiff does not have any registration of the tagline but the manner in which it is written. Additional affidavit will be filed by the plaintiff indicating the manner in which the defendant is carrying on the commercial activity through website under the name 'MAKING HEARTS STRONGER'.
5. List the application on 11th December, 2020.
6. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
NOVEMBER 05, 2020 akb Signature Not Verified Digitally Signed By:JUSTICE CS(COMM) 452/2020 PageGUPTA MUKTA 2 of 2 Signing Date:05.11.2020 17:25:18