ASTELLAS PHARMA INC vs ASTELLAZ PHARMACEUTICALS

Judgment text excerpt

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 3rd February, 2025 + CS(COMM) 426/2024 with I.A. 2878/2025 ASTELLAS PHARMA INC .....Plaintiff Through: Ms. Sejal Tayal and Mr. Naqeeb Nawab, Mr. Ashutosh Ranga and Mr. Apurva Bhutani, Advocates versus ASTELLAZ PHARMACEUTICALS .....Defendant Through: None CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present suit has been filed seeking relief of permanent injunction restraining the defendant from infringing the trademark and passing off their goods and services as that of the plaintiff and other ancillary reliefs. PLEADINGS IN THE PLAINT 2. The plaintiff i.e., ‘ASTELLAS PHARMA INC.’ is a multinational corporation organised and existing under the laws of Japan, engaged in the business of pharmaceutical products since the year 2004. 3. The plaintiff is the registered proprietor of the mark ‘ASTELLAS’ bearing registration no. 1319069 in class 5. Furthermore, the plaintiff has several registrations, few of which are asserted in the present suit and are enlisted below: Signature Not Verified Digitally Signed CS(COMM) 426/2024 Page 1 of 11 By:DHARMENDER SINGH Signing Date:11.02.2025 12:21:50 4. The plaintiff has an exclusive presence in India, through its subsidiary Astellas Pharma India Private Limited, incorporated as early as 2008, engaged in developing sales and marketing of in-house products. 5. The plaintiff adopted the mark ‘ASTELLAS’/‘ ’and applied for the registration for the mark ‘ASTELLAS’/ in Class 5 bearing no.1319069 for goods being ‘Pharmaceutical preparations, Signature Not Verified Digitally Signed CS(COMM) 426/2024 Page 2 of 11 By:DHARMENDER SINGH Signing Date:11.02.2025 12:21:50 veterinary and sanitary preparations, oiled paper for medical purposes, sanitary masks, phar