three well-known
trademarks known as BETNOVATE and BETNOVATE-C,
CROCIN and ZINETAC/ZANTAC. It is alleged that the
defendants in a deceptive manner have ... fact
that the three trade marks namely BETNOVATE-C,
CROCIN AND ZINETAC/ZANTAC are the the trade marks
invented by the plaintiff at different times
Drug Inspector, Delhi Administration, in
accordance with which stocks of Zinetac tablets (300 mg) and certain
documents have been seized from the petitioner‟s Sales ... distributing a wide range of pharmaceutical products. The
formulation in question is Zinetac, which is a formulation of the bulk drug
Ranitidine, manufactured by Biotech
consequently, there was no price fixation at all in respect
of Zinetac tablets.
14. On 26.08.1987, DPCO,1987 came into force whereby the bulk drug ... Ranitidine was included and, accordingly, Zinetac tablets (its
formulations) were subjected to price control.
15. On 17.03.1988, the price fixation order was issued under para
trademarks of the Plaintiffs (hereinafter,
'the Plaintiffs' marks').
i. ZINETAC
ii. BETNESOL
iii. COBADEX and COBADEX formative marks,
including COBADEX ... CHANGES MADE BY
NO. MARKS MARKS THE DEFENDANTS
1. ZINEMAC ZINETAC The Defendants have
merely replaced the
letter T in the
Plaintiffs ZINETAC
mark with
plaint.
17. Plaintiff claims to have registered the trademark ZINETAC in India in
Class 5 in the year 1985 and commenced the use of such ... mark from the year
1986. Documents to evidence use of trademark ZINETAC is annexed with
the plaint as Document-17. Plaintiff claims that the mark
permanent injunction against infringement of the
trademarks 'ZANTAC' and 'ZINETAC' and their passing-off by
the defendants. Plaintiff ... Limited.
2. Plaintiff No.1 is the owner of the trademarks 'ZINETAC' and
'ZANTAC', which were registered in the year
ZENTEL 05 14.05.1980 14.05.2028
8. 228726 ZYLORIC 05 05.05.1965 05.05.2027
9. 441253 ZINETAC 05 07.08.1985 07.08.2026
10. 327933 ZOVIRAX 05 17.08.1977 17.08.2025
11. 335612 ZOVIRA ... FORTE FORTE
3. ZTL ZENTEL
4. ZYLONOL ZYLORIC
5. ZORIVAX ZOVIRAX
6. ZINETAC and ZINTEC ZINETAC
INFRINGEMENT IN ONLY PACKAGING/ TRADE DRESS
S. No. Defendant
marks in relation to its pharmaceutical and
medicinal preparations, which include (i) ZINETAC, (ii) BETNESOL, (iii)
COBADEX, and COBADEX formative marks, including COBADEX ... PLAINTIFF'S MARKS CHANGES MADE BY
NO. THE DEFENDANTS
1. ZINEMAC ZINETAC The Defendants have
merely replaced the
letter T in the
Plaintiffs ZINETAC
identical with or deceptively similar to plaintiff's
trademarks ZANTAC ZINETAC and PANADOL in future ;
Undertaking accepted.
3. The declaration of Defendant that they ... identical
with or deceptively similar to the plaintiff's trademarks ZANTAC,
ZINETAC and PANADOL is also accepted.
4. The undertaking of defendant to withdraw
Lungs NAD
XXX
Local anesthetic Prednisolone 40 mg x 000
Neomycin Zinetac 150 0 0
Soframycin omez 20 0 0
Menabol
