Delhi High Court - Orders
Sun Pharmaceutical Industries Ltd vs Protrition Products Llp & Ors on 5 August, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 533/2022 & I.As. 12258-59/2022
SUN PHARMACEUTICAL INDUSTRIES LTD ..... Plaintiff
Through: Mr. Sachin Gupta and Ms. Yashi
Agrawal, Advs. (M:8076454840)
versus
PROTRITION PRODUCTS LLP & ORS. ..... Defendants
Through: Mr. Akshay Goel, Advocate for D-1
to 3 & 5. (M:98117833019)
Mr. Pranav Sapra, Advocate.
(M:9953290847)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 05.08.2022
1. This hearing has been done through hybrid mode. I.A.12258/2022 (for exemption)
2. Allowed, subject to all just exceptions.
3. Accordingly, I.A.12258/2022 is disposed of. CS (COMM) 533/2022
4. Let the plaint be registered as a suit.
5. Issue summons to the Defendants. Summons are accepted by ld. Counsels for the Defendants.
6. The written statement to the plaint shall be positively filed within 30 days. Along with the written statement, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statements shall not be taken on record.
7. Liberty is given to the Plaintiff to file the replications within 15 days of the receipt of the written statement(s). Along with the replications, if any, Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:08.08.2022 17:09:08 filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiff, without which the replications shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
8. List before the Joint Registrar for marking of exhibits on 20th September, 2022. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
9. List before Court on 17th October, 2022.
I.A.12259/2022 (u/O XXXIX Rules 1 & 2 CPC)
10. The matter relates to the trademark 'ABZORB', registered under application no. 1642043, in class 5 - "pharmaceutical and medicinal preparations''. It is submitted by the ld. Counsels for the Plaintiff that there are various connected matters where the Plaintiff has also sought cancellation of the Defendants' registration of similar marks - 'ABBZORB', and its variants. Ld. Counsel for the Defendant Nos.1, 2, 3 & 5 is present in Court today, and submits that the said Defendants manufacture and sell nutraceuticals, and other similar products, in classes 29 & 30.
11. Issue notice. Notice is accepted by ld. Counsel for the Defendants. Let reply be filed within four weeks. Rejoinder, if any, be filed within two weeks, thereafter.
12. Accordingly, list on 17th October, 2022 i.e. on the date already fixed, along with the cancellation petitions, being C.O. (COMM.IPD- TM)705/2022, C.O. (COMM.IPD-TM) 707/2022, C.O. (COMM.IPD-TM) 698/2022, etc. PRATHIBA M. SINGH, J.
AUGUST 5, 2022/dk/ss Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:08.08.2022 17:09:08