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Himachal Pradesh High Court · body

2015 DIGILAW 176 (HP)

ALKEM LABORATORIES LTD. v. ELNOVA PHARMA

2015-03-12

TARLOK SINGH CHAUHAN

body2015
JUDGMENT : TARLOK SINGH CHAUHAN, J. 1. OMP No. 51 of 2015. The parties have jointly moved this application under Order 23, Rule 3 read with Section 151 CPC for recordal of settlement between the parties. It has been averred that the plaintiff and defendant No.2 have entered into an agreement dated 28th October, 2014, executed in four counterparts. One counter thereof is annexed as Annexure A to the application. To put an end to the dispute and pursuant to detailed settlement arrived on 28th October, 2014, the defendant No.2 in lieu of consideration has relinquished its absolute right in the trademark GEMCAL and GEMCAL formatives. 2. The defendant No. 1 is the authorised manufacturer of defendant No. 2 and pursuant to the aforesaid settlement, the defendant No.2 has issued letter of cancellation to the defendant No. 1 dated 28th October, 2014, so as to cancel/revoke the permission to manufacture on its behalf. The defendant No. 1 has also agreed to settle the present suit in view of the settlement having been arrived at between the plaintiff and defendant No. 2 on 28th October, 2014. 3. I have gone through the application and the documents accompanying the same and I am satisfied that the parties have compromised the matter in terms of the settlement signed by the parties on 28th October, 2014. The settlement agreement is dated 28th October, 2014 and the same is signed by the authorised signatories Mr.Rajesh Dubey on behalf of the plaintiff-company, Ms.Queenie Sharma on behalf of defendant No. 2 and Mr.Ankur Gulati on behalf of defendant No.1 and the copies of the authorisation in their favour have been annexed with this application as Annexures B, C and D respectively. Accordingly, this application is allowed. Civil Suit No. 38 of 2012. 4. In view of the compromise entered into by the parties, the suit of the plaintiff is decreed as having been compromised in terms of the compromise deed dated 28.10.2014 and consequent thereto:- (a) the defendants through their directors, promoters, shareholders, managers, assigns, successors-in-interest, licensees, franchisees, subsidiary/affiliate/group companies, representatives, servants, distributors, agents, contract manufacturers, employees, etc. 4. In view of the compromise entered into by the parties, the suit of the plaintiff is decreed as having been compromised in terms of the compromise deed dated 28.10.2014 and consequent thereto:- (a) the defendants through their directors, promoters, shareholders, managers, assigns, successors-in-interest, licensees, franchisees, subsidiary/affiliate/group companies, representatives, servants, distributors, agents, contract manufacturers, employees, etc. are restrained from using the impugned GEMCAL product/capsules and packaging, identical/deceptively similar to Plaintiff's GEMCAL packaging and/or the artistic works identical/deceptively similar to the above-referred works of the Plaintiff and/or any other mark/representation identical or deceptively similar thereto, or in any other manner whatsoever on or in relation to their goods or business including but not limited to on packaging advertising, website, promotional material, business papers, etc.; (b) a decree for perpetual injunction is passed against the defendants from infringing upon Plaintiff's copyright in the branding/artistic works/representation/logo employed in relation to Plaintiff's GEMCAL products/capsules and packaging and the defendants through their directors, promoters, shareholders, managers, assigns, successors-in-interest, licensees, franchisees, subsidiary/affiliate/group companies, representatives, servants, distributors, agents, contract manufacturers, employees, etc. are restrained from using any artistic work/representation/logo/packaging identical or deceptively similar thereto or a substantial reproduction thereof singularly or in conjunction with each other or any other words or monogram/logo or in any other manner whatsoever on or in relation to their goods or business including but not limited to on packaging advertising, website, promotional material, business papers etc.; (c) the defendants through their directors, promoters, shareholders, managers, assigns, successors-in-interest, licensees, franchisees, subsidiary/affiliate/group companies, representatives, servants, distributors, agents, contract manufacturers, employees, etc. are further restrained by a decree of perpetual injunction from infringing upon Plaintiff's copyright in the slogan "GEM OF CALCIUM" from using the slogan "PEARL OF CALCIUM" or any other slogan deceptively similar to Plaintiff's slogan or a substantial reproduction thereof singularly or in conjunction with each other or any other words or monogram/logo or in any other manner whatsoever on or in relation to their goods or business including but not limited to products, packaging advertising, website, promotional material, business papers, etc.; (d) a decree for perpetual injunction is passed against the defendants and its directors, promoters, shareholders, managers, assigns, successors-in-interest, licensees, franchisees, subsidiary/affiliate/group companies, representatives, servants, distributors, agents, contract manufacturers, employees, etc. from applying for and/or obtaining registration from any competent body or Government authority for any mark/label/work identical to or deceptively similar to any of the above-referred marks/labels/works/branding of the Plaintiff singularly or in conjunction with each other or with any other words or monogram/logo in respect of trade mark, copyright and the like. 5. Accordingly, the suit of the plaintiff is decreed in the aforesaid terms and in terms of the settlement arrived at between the parties vide settlement deed dated 28th October, 2014. The copy of the settlement deed dated 28th October, 2014, incorporating the settlement of agreement shall also form a part of the decree sheet. The plaintiff shall further be entitled to refund of the court fee in accordance with the rules. The pending application(s), if any, also stands disposed of. The parties are left to bear their own costs.