ABBOTT HEALTHCARE PRIVATE LIMITED vs VINSAC PHARMA

Judgment text excerpt

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 17th February, 2025 I.A. 41329/2024 In + CS(COMM) 336/2020 ABBOTT HEALTHCARE PRIVATE LIMITED .....Plaintiff Through: Mr. Ranjan Narula, Mr. Shakti Priyan Nair and Mr. Parth Bajaj, Advocates. versus VINSAC PHARMA .....Defendant Through: None. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present suit has been filed by the plaintiff seeking relief of permanent injunction restraining the defendants from infringing the trademark and copyright of the plaintiff, passing off along with other ancillary reliefs. CASE SETUP IN THE PLAINT 2. Plaintiff [Abbott Healthcare Private Limited], a company organised and existing under the laws of India, is a subsidiary of Abbott Laboratories, Chicago, USA, which was founded in 1888. The plaintiff manufactures and markets pharmaceutical, diagnostic, nutritional and hospital products in Signature Not Verified Digitally Signed CS(COMM) 336/2020 Page 1 of 12 By:KOMAL DHAWAN Signing Date:27.02.2025 12:22:29 India. It is stated that the plaintiff employs more than 14,000 people and has a network of over five lakh retailers in the country. 3. Plaintiff offers a wide and diverse range of products, which are recognized for their efficacy, reliability, and superior quality. The plaintiff also maintains research and development centres dedicated to developing new products and enhancing its existing product range. It is stated that all products of the plaintiff undergo stringent quality testing to ensure their safety and efficacy. 4. In the year 1977, the plaintiff, through its predecessor-in-title, invented and coined the trademark "LIMCEE," which has no dictionary meaning, for its Vitamin-C chewable tablets. Subsequently, the said trademark was validly assigned