Walter Bushnell Pvt. Ltd. v. Miracle Life Sciences;
26.05.2014; CS(OS) 220 of 2013 before the Delhi High Court
Plaintiff Registered Proprietor of DROTIN for medicines claiming user since 1997, Defendants using DROTAMOL
The Defendant challenged, the validity of Plaintiff’s mark and the Court observed that “With regard to validity of the trade mark of the plaintiffs is concerned, the defendants have not alleged that they have challenged the registered trade mark of the plaintiffs. There is no material on the record to show that it is a generic name. We must remember that we are dealing with the case of registered trade mark where exclusive and statutory rights are granted.”
The Court was of considered view that “unless the trade mark challenged by the defendant in the written statement is cancelled or ratified, it is not the practice to infringe the same in an action for infringement of trade mark.”
Injunction was granted against the Defendant from using the mark DROTAMOL.