"GLUCON-D" – Not An Exclusive Property

The Mark "GLUCON-D" was granted registration by the Indian Trade Marks Registry under registration No. 305664/30 on May 21, 1975 in relation to "Glucose (for food), Flour and Preparations Made from Cereals, Bread, Biscuits (Not for animals), Pastry and Confectionary (Non-Medicated), Milk Chocolate" in the name of Glaxo Laboratories (Indian) Limited. In the year 1994 the Mark "GLUCON-D" became the property of Heinz Italia S.R.I. The subject Mark had been consistently used by both the proprietors of the Mark and sold in a package which is green in colour, showing a family of three together with the words "GLUCON-D".

In the year July 2002, it came to the knowledge of Heinz that Dabur India Limited had launched a product under the trademark "GLUCOSE-D" in a packet, which was deceptively similar to the package containing product of the "GLUCON-D". Thereby, Heinz and Glaxo filed a suit for infringement and for passing off accompanied with an application for Interim injunction alleging