MERCK KGAA Vs. EACO LABS LTD
LAWS(DLH)-2013-2-151
HIGH COURT OF DELHI
Decided on February 21,2013

Merck Kgaa Appellant
VERSUS
Eaco Labs Ltd Respondents


Referred Judgements :-

ANGLO-FRENCH DRUGS AND INDUSTRIES LTD. VS. EISEN PHARMACEUTICAL COMPANY PVT. LTD. [REFERRED TO]
GLAXO GROUP LTD. AND ANR. VS. R.A.S. MANI IYER AND ANR. [REFERRED TO]


JUDGEMENT

MANMOHAN,J - (1.)PRESENT suit has been filed for permanent injunction to restrain infringement and passing off of plaintiffs' mark IMABEQ as well as rendition of accounts, damages and delivery. The prayers in the plaint are reproduced hereinbelow:-
"a. a decree for permanent injunction restraining the defendants, by himself, his servants, agents assigns etc. from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in pharmaceutical preparations under the trademark IMA or any other trade mark identical, deceptively and/or confusingly similar to the trade mark IMABEQ so as to infringe plaintiffs' trade mark Registration no.1300766. b. A decree for permanent injunction restraining the defendants, by himself, his servants, agents, assigns, etc. from manufacturing selling, offering for sale, advertising, directly or indirectly dealing in pharmaceutical and medicinal preparations under the trade mark IMA or any other trade mark identical, deceptively and/or confusingly similar to the trade mark IMABEQ of the plaintiff as may lead to passing off their business for those of the Plaintiffs. c. A decree for delivery of all the infringing goods as complained of herein and all blocks, dies and all such articles employed by Defendants in applying the trademark IMA to the offending goods to an authorized representative of the plaintiffs for destruction/erasure. d. An order for rendition of accounts of profit illegally earned by the defendant and a decree for an amount so found due or in the alternative, a decree of Rs. 20 lacs towards damages including conversion damages may be passed in favour of the plaintiffs and against the defendant. e. An order for costs in the proceedings. Any other order as this Hon'ble Court deems fit and proper in f. the facts and circumstances of this case."

(2.)LEARNED counsel for the plaintiffs fairly states that she is confining her prayers only to prayers (a), (b) and (e) of the plaint.
The relevant facts of the present case are that the plaintiff No. 1 is the registered proprietor for the trademark IMABEQ vide registration no. 1300766 dated 05th August, 2004 in class 5 for Pharmaceutical and Medicinal preparations. Plaintiff No. 2 is the Indian Subsidiary of plaintiff no. 1 which has been using the trademark IMABEQ in India.

(3.)ON 25th October, 2005, defendant filed an application with the Trademark Registry for using the mark IMA with respect to pharmaceutical products.


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