Copyright Infringement Lawsuit: Dr. Reddy's Laboratories Limited v. Ikon Pharmachem Pvt. Ltd.
Overview of the Case:
Dr. Reddy's Laboratories Limited (the plaintiff) has filed a lawsuit against Ikon Pharmachem Pvt. Ltd. (the defendants) for copyright infringement and passing off.
The plaintiff alleges that the defendants have copied the trade dress, packaging, color scheme, and layout of the plaintiff's 'PRACTIN' strip packaging for their product 'PACYPON'.
The plaintiff claims that the defendants have intentionally copied the distinctive elements of the plaintiff's packaging to ride on the goodwill and reputation of the 'PRACTIN' brand.
Key Arguments and Evidence:
Plaintiff's Arguments:
The trademark 'PRACTIN' is a coined word with no dictionary meaning, and the plaintiff has been using the distinctive packaging since 1986.
The plaintiff's 'PRACTIN' strip packaging features a distinctive orange color scheme, layout, and get-up.
The defendants' 'PACYPON' strip packaging is a blatant copy of the plaintiff's 'PRACTIN' packaging, including the color scheme, layout, and overall get-up.
The defendants have admitted in an email that they will withdraw and not use the impugned packaging for their business anymore.
Court's Observations:
The Division Bench of the High Court of Delhi, in a previous order, recognized the plaintiff's packaging and trade dress as a source identifier and protected as an artistic work under the Copyright Act.
The Court found that the similarities in the packaging of the two products are likely to cause confusion for an average consumer with imperfect recollection, even upon closer examination.
Court's Order:
The Court is satisfied that the plaintiff has made out a prima facie case for the grant of ex-parte ad-interim injunction.
The defendants are restrained from manufacturing, marketing, selling, or offering for sale the 'PACYPON' product using the identical or substantially similar strip packaging, trade dress, get-up, and layout as the plaintiff's 'PRACTIN' product.
Case Citation: Dr.Reddys Laboratories Vs IKon Pharmachem Pvt. Ltd: 15.07.2024: CS(COMM) 571/2024: Delhi High Court: Mini Pushkarna: H.J.
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
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