IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

SUIT (L) NO.653 OF 2018 WITH NOTICE OF MOTION (L) NO.1163 OF 2018

Mr. Vinod Bhagat with Ms. Laher Shah, Ms. Ruchi Agarwal i/by M/s. G.S.Hegde and V.A.Bhagat, for Plaintiff. Mr. Rashmin Khandekar with Mr. Minesh Andharia, Mr. Hemant Thadhani, Mr. Jay Shah i/by M/s. Krishna Saurastri Associates LLP, for Defendants.

CORAM: S.J. KATHAWALLA, J.

DATE: 6th JUNE, 2018

P.C.:

1. Heard the learned Advocates for the parties and by consent, the following order is passed :

(i) The Suit is decreed in terms of prayer clauses (a) to (d) which are reproduced hereunder :

(a) that the Defendants by themselves, their proprietor/partners, servants, agents, assignees, transferees and all those connected with them in their business be restrained by a perpetual order and injunction of this Hon'ble Court from manufacturing, marketing, selling and/or using in any manner whatsoever in relation to their medicinal and pharmaceutical preparations and other like products/goods, the impugned marks K GLIM and K PIO G2 or any mark/s identical with and/or deceptively similar to the Plaintiff's registered trade marks K-GLIM, K-GLIM-M, K-GLIM Trio and K-PIO-M so as to infringe upon the Plaintiff's said trade marks registered under Nos.1432075, 1704379, 2790112 and 1704380 respectively all in class 05;

(b) that the Defendants by themselves, their proprietor/partners, servants, agents, assignees, transferees and all those connected with them in their business, be restrained by a perpetual order and injunction of this Hon'ble Court from manufacturing, marketing, selling and/or using in any manner whatsoever in relation to their medicinal and pharmaceutical preparations and other like products/goods, the impugned marks K-Glim and K PIO G2 or any mark/s identical with and/or deceptively similar to the Plaintiff's trade marks K-GLIM and K-PIO and its variants, for such use thereof by the Defendants amounts to passing off the Defendants' business and goods as and for those of the Plaintiff or in some way connected therewith;

(c) that the Defendants by themselves, their proprietor/partners, servants, agents, assignees, transferees and all those connected with them in their business be ordered to deliver up to the Plaintiff for destruction all of the Defendants' products/goods including medicinal and pharmaceutical preparations, cartons, strips, tablets, bottles, labels, stickers, dyes, moulds, blocks, packaging materials, plates, publicity and promotional materials and all other things used in connection with the manufacture and/or marketing of products/goods bearing the impugned marks K GLIM and K PIO G2 as complained off;

(d) that the Defendants be ordered and decreed to pay to the Plaintiff a sum of Rs.2,00,000/- by way of damages or in the alternative, the Defendants be ordered and decreed to render a true and faithful account of all the profits earned by them by using the impugned marks K GLIM and K PIO G2 or by using any mark/s which is / are identical with and/or is/are deceptively similar to the Plaintiff's distinctive trade marks K-GLIM and K-PIO and its variants. The Defendants be further ordered and decreed to pay to the plaintiff such amount as may be found due on such account being taken;

(ii) The Defendants undertake to pay Rs.2,00,000/- towards damages to the Plaintiff within a period of one week from today.

(iii) The tablets shall be removed from the packets sealed and kept in the custody of the Defendant in the presence of the representative/s of the Plaintiff and shall be handed over to the Defendants. Thereafter, the packets/wrappers shall be destroyed.

(iv) The Court Receiver stands discharged without passing any accounts, but upon payment of his costs, charges and expenses by the Plaintiff.

(v) The Suit is accordingly disposed of. Refund of Court Fees, if any, as per rules. Notice of Motion also stands disposed of.

( S.J.KATHAWALLA, J. )