Case Summary Of "Ajanta Pharma Ltd. v Theon Pharmaceuticals Ltd."

This article summarises the judgment of High Court of Bombay dated 5th May 2017 in the case "Ajanta Pharma Ltd. v Theon Pharmaceuticals Ltd.".

FACTS:

The case has been filed before the Bombay High Court by Ajanta Pharma Ltd. (hereinafter "Plaintiff") seeking interim relief in a pharmaceutical trade mark and passing off action against Theon Pharmaceutical and Intas Pharmaceutical (hereinafter "Defendants"). Initially when the lawsuit was brought, the claim of the Plaintiff was against the use of the mark "FERINTA" by the defendant which was deceptively similar to the mark of the Plaintiff i.e. "FERANTA". Later, the defendant agreed to discontinue using the mark and it started using "INTAS' FERINTAS", with the letter FER in black, and the rest in a rust red color and FERINTAS set in an oval lozenge device. Now the Plaintiff has sought an injunction order against the defendants for the use of the mark "INTAS' FERINTAS" under the provisions of the Trade Marks Act,