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Bombay HC Restrains Jackson Labs From Manufacturing Or Selling Drug Deceptively Similar To Wockhardt's Spasmoproxyvon [Read Order]

Nitish Kashyap
25 May 2018 4:41 AM GMT
Bombay HC Restrains Jackson Labs From Manufacturing Or Selling Drug Deceptively Similar To Wockhardt
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A vacation bench of the Bombay High Court has granted a permanent injunction restraining Jackson Laboratories Pvt Ltd from manufacturing or selling their trademark Spasmo-pronyvon or any other drug that is deceptively similar to Wockhardt Limited’s pain relief drug, Spasmoproxyvon.

Justice SJ Kathawalla was hearing a notice of motion in a suit filed by Wockhardt Limited against Jackson Laboratories. He decreed the suit in terms of prayer clauses seeking a permanent injunction against the respondents from selling, manufacturing, marketing, advertising of any trademark that is deceptively similar to Wockhardt’s registered trademark Spasmoproxyvon.

The plaintiffs also prayed that-

  • The defendant by themselves, their partners (if applicable), directors, principal officers, servants, retailers, stockiest, distributors, representatives and agents be restrained by a permanent order and injunction from directly or indirectly, using, copying, making copies of, issuing copies, communicating to the public or using in any other manner, the plaintiff’s artistic work or any other colourable imitation of the same including the label/trade dress of the defendant’s product “SPASMO– PRONYVON”.

  • Pass a decree of permanent injunction against the defendants thereby restraining them by through themselves, their partners, directors, principal officers, employees, representative, stockist, dealer, agents, sister companies to forthwith surrender and hand over to the plaintiff company for destruction of all the goods/products that are an imitation of the plaintiff company trademark and of all material, goods, articles, utensils, stickers, hoardings, boxes and other material of the defendants bearing the mark “SPASMO–PRONYVON”.

Wockhardt Limited also sought the destruction of any such stock of drug named Spasmo-pronyvon which was also allowed by the court.

Apart from this, the defendants (Jackson Labs) agreed to pay Rs.6 lakh towards damages within a period of two days from the date of the order.

While Advocate Rohan Cama appeared for the plaintiff, Advocate Sagar Ghogre appeared for defendants Jackson Labs.

Read the Order Here

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