Case Note & Summary
The plaintiff, Aglowmed Limited, filed a suit seeking a permanent injunction restraining the defendant, Aglow Pharmaceuticals Private Limited, from using the trading name 'AGLOW' or any deceptively similar name in relation to its pharmaceutical business. The plaintiff also sought damages of Rs.5,00,000. The plaintiff was incorporated on 07.11.1983 and has been using the trading name 'AGLOWMED' as its dominant feature. It obtained registration of the trademark 'AGLOWMED' under No.415401 dated 02.01.1984. The defendant was incorporated later and started using the name 'AGLOW' for its pharmaceutical products. The plaintiff alleged that the defendant's use of 'AGLOW' infringed its registered trademark and amounted to passing off. The court examined the issue of deceptive similarity between 'AGLOWMED' and 'AGLOW'. It held that the marks are deceptively similar, especially in the context of identical goods (pharmaceutical preparations). The court noted that the plaintiff had prior use and registration, and the defendant's adoption of a similar name was likely to cause confusion among consumers. The court granted a permanent injunction restraining the defendant from using the mark 'AGLOW' or any deceptively similar mark. The court also ordered the defendant to pay damages of Rs.5,00,000 to the plaintiff. The judgment emphasized the importance of protecting registered trademarks and preventing passing off in the pharmaceutical industry.
Headnote
A) Trade Marks Act, 1999 - Section 29 - Infringement - Registered Trademark - Plaintiff's registered trademark 'AGLOWMED' (No.415401 dated 02.01.1984) for pharmaceutical preparations - Defendant using 'AGLOW' as part of corporate name - Held that 'AGLOW' is deceptively similar to 'AGLOWMED' and constitutes infringement under Section 29 as the goods are identical and the marks are likely to cause confusion (Paras 1-10). B) Trade Marks Act, 1999 - Section 135 - Passing Off - Prior Use - Plaintiff incorporated in 1983 and using 'AGLOWMED' since then - Defendant incorporated later in 1995 - Held that plaintiff has established prior use and reputation, and defendant's use of 'AGLOW' is likely to cause confusion and deception, amounting to passing off (Paras 2-15). C) Trade Marks Act, 1999 - Section 28 - Exclusive Right - Registered Proprietor - Plaintiff is the registered proprietor of the mark 'AGLOWMED' - Held that plaintiff has exclusive right to use the mark and to obtain relief against infringement (Paras 1-5).
Issue of Consideration
Whether the defendant's use of the trading name 'AGLOW' infringes the plaintiff's registered trademark 'AGLOWMED' and amounts to passing off.
Final Decision
The court granted a permanent injunction restraining the defendant from using the mark 'AGLOW' or any deceptively similar mark in relation to pharmaceutical products. The court also ordered the defendant to pay damages of Rs.5,00,000 to the plaintiff.
Law Points
- Trademark infringement
- Passing off
- Deceptive similarity
- Prior use
- Registered trademark
- Injunction
- Damages
