Bombay High Court
Abraham Patani And Anr vs Sunbeam Lifesciences Pvt.Ltd. And Anr on 16 March, 2021
Author: G.S. Patel
Bench: G.S. Patel
16-IAL1032-2021 IN COMIPL1026-2021.DOC
Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO. 1032 OF 2021
IN
COMMERCIAL IP SUIT (L) NO. 1026 OF 2021
Abraham Patani & Anr ...Plaintiff
Versus
Sunbeam Lifefciencef Pvt Ltd & Anr ...Defendantf
Dr V Tulzapurkar, Senior Advocate, i/b Sunil Nair, for the
Plaintiffs.
Mr V Dhond, Senior Advocate, with Rashmin Khandekar, &
Darshan Mehta, i/b Dhruve Liladhar & Co., for the Defendants.
Mr DN Kher, Court Receiver, with PK Nardele, OSD in the Ofce of
the Court Receiver, are present.
CORAM: G.S. PATEL, J
DATED: 16th March 2021
PC:-
Digitally signed
1.Mr Dhond haf taken inftructionf. He ftatef that the by Atul G. Atul G. Kulkarni Kulkarni Date:
2021.03.17 Defendantf fubmit to a decree in termf of prayer claufef (a) and (b) 11:11:20 +0530 of the plaint.
2. The 2nd Defendant, through Mr Dhond, makef a ftatement that it agreef to difcontinue the ufe of itf trade mark MIGRAIL in Page 1 of 4 16th March 2021 16-IAL1032-2021 IN COMIPL1026-2021.DOC refpect of migraine-relief tabletf and will withdraw itf trade mark application Nof. 4484458 and 4484457 fled before the Regiftrar of Trade Markf, Ahmedabad within a period of three weekf from today.
3. If the Defendant No. 2 doef not do fo, the Regiftrar of Trade Markf, Ahmedabad if directed to lift both the applicationf before him and then proceed to difmiff/reject them on the bafif of thif order. The Regiftrar of Trade Markf will act on production of a digitally figned copy of thif order.
4. The 2nd Defendant further ftatef that it will adopt the trade mark MAGRIUM in refpect of itf migraine-relief tablet. To thif, Dr Tulzapurkar for the Plaintiff ftatef that the Plaintiff have no objection.
5. The 2nd Defendant if at liberty to re-package the exifting ftock of MIGRAIL, lying in itf premifef at Matoda duty paid godown, Sanand Taluka and at itf factory in Pondicherry, under the brand name MAGRIUM and to put the re-packaged productf into the market.
6. The 2nd Defendant will, however, not ufe any MIGRAIL brand packaging from thif point on fubject to the following:
(a) that the 2nd Defendant need not recall any ftock of migraine-relief MIGRAIL branded productf which are already in the market with retailerf, chemiftf, druggiftf, and clearing and forwarding agentf. No Page 2 of 4 16th March 2021 16-IAL1032-2021 IN COMIPL1026-2021.DOC further fupplief under that packaging and mark are to be made to the market. The exifting ftock in the market may thuf be difpofed of;
(b) Further, for a period of 45 dayf from today the Defendant No. 2 will be at liberty to inform all doctorf, hofpitalf and traderf that it haf changed the name of itf product from MIGRAIL to MAGRIUM.
7. All thefe ftatementf are noted and accepted af undertakingf to the Court.
8. In view of thif, Dr Tulzapurkar doef not preff hif prayer for damagef.
9. The Suit if difpofed of accordingly with an order in the foregoing termf.
10. The Interim Application if alfo difpofed of in thefe termf.
11. Court feef are to be refunded in accordance with the Rulef. For the purpofef of Section 43 of the Maharafhtra Court Feef Act and the provifo to that Section, today'f date if the date of making a claim for repayment. The Prothonotary & Senior Mafter will iffue a certifcate for a refund of Court Feef computed according to the Rulef. He will act on production of an authenticated copy of thif order without requiring a feparate application.
Page 3 of 416th March 2021 16-IAL1032-2021 IN COMIPL1026-2021.DOC
12. The Court Receiver ftandf difcharged without paffing accountf but on payment of hif coftf, chargef and expenfef to be paid by the Plaintiff within two weekf from today.
13. Thif order will be digitally figned by the Private Secretary of thif Court. All concerned will act on production of a digitally figned copy of thif order.
(G. S. PATEL, J) Page 4 of 4 16th March 2021