Case Note & Summary
The plaintiff, Ranbaxy Laboratories Limited, filed a suit for permanent injunction against the defendant, Cherryb Pharma, under the Trade and Merchandise Marks Act, 1958 and the Copyright Act, 1951. The plaintiff claimed that the defendant was manufacturing, marketing, and selling pharmaceutical preparations under the trademark 'REWITAL', which was deceptively similar to the plaintiff's registered trademark 'REVITAL'. The plaintiff sought to restrain the defendant from using the mark and from passing off its goods as those of the plaintiff. The court, by order dated 19th December 2003, granted ad interim relief ex parte in terms of prayer clause (a), which has been in operation since then. Subsequently, by order dated 7th June 2004, leave was granted to amend the suit and notice of motion. The court, after considering the material on record, confirmed the ad interim relief and granted a permanent injunction in favor of the plaintiff, restraining the defendant from using the mark 'REWITAL' or any deceptively similar mark. The court held that the marks were deceptively similar and the defendant's use amounted to infringement and passing off.
Headnote
A) Trademark Law - Infringement - Deceptive Similarity - Trade and Merchandise Marks Act, 1958 - The plaintiff sought a permanent injunction restraining the defendant from using the trademark 'REWITAL' which was deceptively similar to the plaintiff's registered trademark 'REVITAL'. The court granted ad interim relief ex parte and later confirmed it, holding that the marks were deceptively similar and the defendant's use amounted to infringement and passing off. (Paras 1-3)
Issue of Consideration
Whether the defendant's use of the trademark 'REWITAL' is deceptively similar to the plaintiff's trademark 'REVITAL' and amounts to infringement and passing off.
Final Decision
The court granted the notice of motion and confirmed the ad interim relief, granting a permanent injunction restraining the defendant from using the trademark 'REWITAL' or any deceptively similar mark.
Law Points
- Trademark infringement
- Passing off
- Deceptive similarity
- Interim relief
- Trade and Merchandise Marks Act
- 1958
- Copyright Act
- 1951
