The Real Capsula di FRANCO

Jurisdiction- Bombay High Court
Date of Order- 29.09.2021
Order passed by- Hon’ble Justice Mr. G.S. Patel
Case status- Pre-admission

FACTS AND ISSUES OF THE CASE

The plaintiff is a renowned pharmaceutical company and owner of the registered trademark (s) ‘FRANCOCAL,’ ‘FRANCONE,’ ‘FRANCO-INDIAN’ and ‘FRANCO-REMEDIES’ under class 5 since 1959. Being a popular name in the pharmaceutical business for a long time, with voluminous sales and established goodwill, the plaintiff claimed exclusivity in using their trade names.

However, the defendant, a pharmaceutical company, used the plaintiff’s trademark ‘FRANCO-REMEDIES’ and other deceptively similar marks in the course of their business. The plaintiff’s representative found that the defendant was trading in products such as capsules, cartons, packets, etc. bearing marks similar to those of the plaintiff regarding homogenous goods, thus creating confusion in the public’s minds.

The plaintiff also discovered that the defendant even tried to get the plaintiff’s trademark ‘FRANCO-REMEDIES’ registered under their name but got rejected under section 11(1)(b) of the Trade Marks Act, 1999.

DECISION

As the plaintiffs presented a clear prima facie case of trademark infringement against the defendant, Justice G.S Patel of the Hon’ble Bombay High Court granted an temporary injunction in favor of the plaintiff in compliance with the provisions under Order 39 Rule 3 of the Civil Procedure Code, 1908. The defendants were also allowed to apply for revision/ modification/recall of the order passed within the specified period. 

Author: Taru Singhal, student of Jamia Hamdard University, New Delhi

Also read: The Role of IPR in the pharmaceutical industry

Disclaimer: This brief is intended to provide general guidance to the subject matter. It does not contain legal advice. For any specific advice/corrections, write to [email protected]

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