Case Note & Summary
The dispute arose between two pharmaceutical companies regarding the use of similar trademarks for their products. The appellant, Cadila Healthcare Ltd, challenged the High Court of Gujarat's order that refused to grant an interim injunction against the respondent, Aurobindo Pharma Ltd, concerning their product 'ATOR' which was similar to the appellant's 'ATORVA'. Initially, the trial court had granted an interim injunction, but the appellate authority did not extend this during the appeal process. The appellant sought relief from the Supreme Court, which issued an ad-interim injunction against the use of the trademark 'ATOR'. Over time, the respondent changed the name of their product to 'ATORIL', leading the Supreme Court to conclude that the appeal had become infructuous. The court directed the trial court to expedite the resolution of the suit within a year while maintaining the interim injunction until the suit's conclusion. The court did not address the merits of the injunction application. The appeal was disposed of without costs.
Headnote
A) Civil Procedure - Interim Injunction - Continuation of Injunction - Code of Civil Procedure, 1908, Order 39 Rule 1 and 2 - The court granted an ad-interim injunction against the use of the trademark 'ATOR' by the respondents, which was later changed to 'ATORIL'. The appeal was deemed infructuous due to the change in name, but the court directed the trial court to expedite the suit's resolution while maintaining the interim injunction until the suit's disposal. Held that the interim order shall continue (Paras 2-4).
Issue of Consideration
Whether the appeal regarding the injunction order has become infructuous due to the change in the respondent's product name.
Final Decision
The Supreme Court disposed of the appeal as infructuous due to the respondent's change of product name to 'ATORIL'. The court directed the trial court to resolve the suit within one year while maintaining the interim injunction until the suit's conclusion.
Law Points
- Injunction
- Trademark
- Civil Procedure
- Appeal
- Infructuous
