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30 July 2014
In a recent case decided by the District Court, Pune, the Hon’ble Court decreed the suit and passed an order permanently restraining Medico Labs, Ahmedabad (defendant) from infringing Emcure Pharmaceuticals’ (plaintiff) registered trademark “OBECURE”. In addition to granting such permanent relief, the Hon’ble Court awarded the plaintiff with (i) account of profits illegally earned by the defendant and (ii) costs towards the litigation.
The plaintiff, represented by RK Dewan & Co, is a fast growing Indian pharmaceutical company that coined and obtained registration in respect of the trademark “OBECURE” for an anti-obesity product.
On coming across the defendant’s product(s) bearing a mark identical to that of the plaintiff’s aforementioned trademark in 2008, the plaintiff filed a suit for infringement against the defendant. The defendant put forth his contentions by way of a written statement.
By its decision the Hon’ble Court addressed the serious issue of infringement of trademarks when used in relation to drugs, pharmaceutical and medicinal products and which could easily result in the unsuspecting and innocent members of the public suffering serious and fatal consequences as a result of unauthorized and dishonest adoption and use of trademarks of renowned pharmaceutical companies.
