Delhi High Court Grants Ex-Parte Injunction in Trademark Dispute Between Glaxo Smithkline and Cactus Pharma
Delhi High Court has granted an ex-parte decree in favor of Glaxo Smithkline Pharma Pvt. Ltd. in their trademark dispute against Cactus Pharma Pvt. Ltd. The case, titled Glaxo Smithkline Pharma Pvt. Ltd. Vs Cactus Pharma Pvt. Ltd., centered around the alleged infringement of the trademark “CEFTUM”.
Background of the Dispute:
Glaxo Smithkline (Plaintiff) is the registered proprietor of the trademark “CEFTUM”, which pertains to an oral prodrug of ‘cefuroxime’, a cephalosporin antibiotic. The plaintiff conceived and adopted the trademark in 1986 and secured its registration under application No. 455064 for pharmaceutical and veterinary preparations in Class 5. The “CEFTUM” products were launched in 1991, and over the years, several variants such as “CEFTUM 500” and “CEFTUM 250” have been introduced.
Allegations Against the Defendant:
The plaintiff filed the suit in response to the defendants’adoption and use of the trademarks “CEFTUS” and “CEFBACTUM”, which were alleged to be deceptively similar to “CEFTUM”. The plaintiff argued that such use was likely to cause confusion among consumers, potentially leading to mistaken identity and misuse.
Court Proceedings and Injunction:
On July 26, 2023, the Delhi High Court, upon a prima facie assessment of the plaintiff's application and accompanying documents, issued an ex-parte ad-interim injunction restraining the defendants from using the contested trademarks. The defendants failed to file a written statement within the condonable period of 120 days, resulting in the closure of their right to do so by the Joint Registrar on February 19, 2024.
Judgment and Order:
In light of the defendants' failure to contest the suit, the Court decreed in favor of the plaintiff under Order 13 A of the Commercial Court Act, 2015. The judgment, delivered by Hon'ble Judge Sanjeev Narula on May 17, 2024, effectively upheld the plaintiff's claims, providing relief against the unauthorized use of the similar trademarks.
Case Title: Glaxo Smithkline Pharma Pvt. Ltd. Vs Cactus Pharma Pvt. Ltd.
Judgment/Order Date: 17.05.2024
Case No. CS Comm 497 of 2023
Neutral Citation: 2024:DHC:4671
Name of Court: Delhi High Court
Name of Hon'ble Judge:Sanjeev Narula, H.J.
Disclaimer:
Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.
Written by:Advocate Ajay Amitabh Suman
IP Adjutor , [Patent and Trademark Attorney]
United & United
Email: amitabh@unitedandunited.com
Ph No: 9990389539
