The Weekly Obiter


September 21, 2018

The Hon’ble Bombay High Court in ‘Glenmark Pharmaceuticals Ltd Versus Curtech Skincare & Anr.’ has imposed costs of Rs. 1.5 crore on Galpha Laboratories Ltd. while noting that the company is a habitual infringer. The order was passed by Justice SJ Kathawalla after it was found that not only had the Defendant company been infringing trademarks registered by Plaintiff i.e. Glenmark Pharmaceuticals Ltd. one after another since 2003, it was also involved in manufacturing drugs in violation of the Food and Drug Administration Regulations. The court observed that five of the Defendant’s drugs featured in Central Drugs Standard Control Organization’s March 2017 list of drugs which are “Not of Standard Quality/Spurious/Adulterated/Misbranded”. The Court also took note of the fact that the Defendant company had, in the past, copied trademarks belonging to other well-known pharmaceutical companies as well. In the present case, the Court found that the Defendant pharmaceutical company blatantly copied the word mark, artwork, colour scheme, font style, the manner of writing, trade dress of the Plaintiff’s product, CANDID – B, to the last millimeter. The Court also directed Galpha Laboratories to immediately withdraw all products bearing the impugned mark, “CLODID” and its variants from the market and conduct its business by abiding strictly by the rules and regulations of the FDA and other laws.