Wednesday, August 10, 2022

Torque Pharma Pvt.Ltd. Vs Conset Pharma Pvt.Ltd.

Order Date: 03.08.2022

Case No. CS (Comm) 530 of 2022

Delhi High Court

Jyoti Singh, H.J. 

Torque Pharma Pvt. Ltd. Vs Conset Pharma Pvt.Ltd.

 

Plaintiff’s Trademark:HEMOPLUS as well as unique colour combination, Trade dress


Plaintiff's Product:syrup for iron deficiency anemia, post-pregnancy related anemia, loss of appetite, general weakness.


Plaintiff is the registered Proprietor of Trademark and Copyright as well.


Defendant’s Trademark:CONSET HEEMOLUS 


CONSET was used by the Defendant in small font while HEMOPLUS was used in larger font.


Defendant also copied identical colour combination and Trade Dress.


Goods of the Defendant was identical to that of the Plaintiff.


Defendant was prima facie held to be guilty of Infringement.

 

Ex-parte Injunction was granted to the Plaintiff

 

Ajay Amitabh Suman, IPR Advocate, Hon'ble High Court of Delhi

ajayamitabh7@gmail.com, 9990389539



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