News detail

22
Oct
2018

Ranbaxy Laboratories Ltd. (The Plaintiff ) v/s. Dua Pharmaceuticals Pvt. Ltd.(The Defendant).

The plaintiff, a well known pharmaceutical company, manufactured anti-depressant by the name CALMPOSE. The said brand name was registered in 1970 and continuously used by the company since then. The turnover accounting to 40 crores was being made by them through the sale of the medicine under CALMPOSE.
The Defendant manufactured a similar medicine and marketed in the name of CALMPROSE. The packaging of the defendant’s product was also similar to that of the plaintiff.
Plaintiff filed a suit at the Delhi High Court for infringement of it’s registered trademark, praying for a perpetual injunction and rendition of accounts.
The Delhi High Court issued interim injunction restraining Dua Pharmaceuticals from selling the drugs. The Defendant contested the injunction on the ground that their trademark is a prescription trademark which is not available over the counter and hence cannot be sold unless the customer specifically asks for CALMPROSE. Thus, it is less likely that the customer will get deceived.
The plaintiff proved that their brand name CALMPOSE is being used from past several years continuously and gained a high level of reputation. They also argued that the infringement is the deliberate attempt made by the defendant to adopt plaintiff’s trademark and earn undue reputation.
The court held that there was a good possibility that the drug would be available to the customers at the same shop and CALMPROSE would be sold to the customer would get confused was greater. Thus, the court made final and absolute injunction restraining Dua pharmaceuticals from selling CALMPROSE.

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