Delhi High Court - Orders
Glaxosmithkline Pharmaceuticals ... vs Rajesh Khenwal Trading As, Vimnat ... on 29 November, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 31/2023, I.As. 938/2023, 941/2023 & 9941/2023
GLAXOSMITHKLINE PHARMACEUTICALS
LIMITED ..... Plaintiff
Through: Mr. Urfee Roomi, Ms. Apoorva
Bharati, Ms. Anuja Chaudhury, Mr.
Ritesh Kumar, Mr. Anubhav Chhabra,
Ms. Radhika Arora, Advs. (M:
9811600017)
versus
RAJESH KHENWAL TRADING AS, VIMNAT
PHARMACEUTICALS ..... Defendant
Through: Mr. Ranjan, Adv. along with Mr.
Rajesh Khemwal.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 29.11.2023
1. This hearing has been done through hybrid mode.
2. In the present case, I.A. 938/2023 has been filed by the Plaintiff - GlaxoSmithKline Pharmaceuticals Ltd. seeking ad-interim injunction restraining Defendant - Rajesh Khemwal from using the mark 'GT-BACT', or any other mark that is identical/deceptively similar to Plaintiff's 'T- BACT' Mark.
3. Vide order dated 18th January 2023, an ad-interim injunction was granted against the Defendant in the following terms:
"27. A prima facie case of infringement and passing of is made out on behalf of the plaintiff. Balance of convenience is in favor of the plaintiff and against the defendant. Irreparable injury would be caused to the plaintiff if the defendant continues to use the impugned marks. Prejudice would also be caused to the public as the marks of the defendant are deceptively similar to This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/11/2023 at 22:30:39 that of the plaintiff and likely to cause confusion in the market.
28. Consequently, till the next date of hearing, the defendant, any other individuals, officers, managers, employees, agents, dealers, licensees, companies and retailers, stockists, chemists, or any person/ entities that are related or affiliated to the defendant, acting for and on behalf of the defendant, individually or collectively, are restrained from manufacturing, offering for sale, selling, displaying, advertising, marketing, whether directly or indirectly and whether on the internet or otherwise, tablets, capsules and any other medicinal or pharmaceutical products bearing the defendant's GT-BACT mark or any other mark that is deceptively similar to the plaintiff s T-BACT mark."
4. I.A. 9941/2023 has been filed by the Plaintiff - GlaxoSmithKline Pharmaceuticals Ltd. seeking directions against the Defendant for violation of the order dated 18th January 2023 passed by the Court.
5. Today, the Defendant - Mr. Rajesh Khemwal is present in Court and his statement has been recorded in Court in I.A. 9941/2023.
6. The main stand of the Defendant is that he was served only in April 2023 and that he may be given a chance to sell the existing products under the impugned mark 'GT-BACT'.
7. In view of the fact that the said products are probiotic and prebiotic capsules, the Court is inclined to allow disposal of the existing stock manufactured prior to April 2023 i.e. till March 2023 within a period of one month subject to the deposit of Rs. 2,00,000/- by the Defendant. The Defendant shall, however, ensure that there is no fresh manufacture or sale of any new products under the impugned mark 'GT-BACT'.
8. It is also directed that the existing stock at Defendant's CFA's This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/11/2023 at 22:30:39 premises shall be inspected by Plaintiff's representative on 9th December 2023 at 11:30 a.m. After the said inspection, the Defendant is free to deal with the said stock in the usual course of business.
9. The Plaintiff shall inform all the URLs and the links where products under the impugned mark 'GT-BACT' are being advertised or listed on online platforms. Defendant shall ensure that the listings are removed within one week after getting the said links from Plaintiff.
10. The deposit of Rs.2,00,000/- shall be made within four weeks with the Registrar General of this Court.
11. The interim injunction already granted vide order dated 18th January 2023 shall stand confirmed.
12. I.As. 9941/2023, 941/2023 and 938/2023 are disposed of in the above terms.
13. Ld. counsel for Defendant submits that the written statement has been filed if so, let steps be taken in accordance with the prescribed procedure.
14. List before the Joint Registrar on 19th January 2024.
15. List before the Court on 22nd April 2024.
PRATHIBA M. SINGH, J.
NOVEMBER 29, 2023 dj/kt This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/11/2023 at 22:30:40