Wings Pharmaceuticals P. Ltd vs Kirit Bhadiadra Trading As Rapple ... on 4 March, 2024
Ld Counsel for the defendant had
relied upon judgment reported as Mittal Electronics v. Sujata Home
Appliances (P) Ltd. And Ors. MANU/DE/1695/2020, to claim that
competing goods are not allied and cognate. However, Ld Counsel for
the plaintiff has stated that the competing goods are allied and cognate in
as much as they have same purpose. Furthermore, if the plea of the
defendant is accepted then it would lead to an anomaly as the infringers
would start using famous marks for goods that proprietors don't use,
while claiming that they are prior user. I find force in the arguments of
the Ld Counsel for the plaintiff.