CEDAR PROPERTIES AND TRADING LLP & ORS. vs MASKON LIFE SCIENCES PVT. LTD. & ORS.

Judgment text excerpt

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 6th February, 2025 + CS(COMM) 223/2022 with I.A. 5472/2022, I.A. 1793/2025 CEDAR PROPERTIES AND TRADING LLP & ORS. .....Plaintiffs Through: Mr. H.L. Tiku, Sr. Advocate with Ms. Arushi Singh, Ms. Manviya Arun, Mr. Gaurav Dhingra and Mr. Hitesh Wadhwa, Mr. Rahul Regmi Advocates. versus MASKON LIFE SCIENCES PVT. LTD. & ORS. .....Defendants Through: None. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) CS(COMM) 223/2022 & I.A.-1793/2025 (under Order XIII-A of the CPC seeking summary judgment) 1. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the trademark of the plaintiffs and passing off their goods as those of the plaintiffs, along with other ancillary reliefs. PLEADINGS IN THE PLAINT 2. The plaintiff no.l, Cedar Properties & Trading LLP, is a limited liability partnership incorporated under the provisions of the Limited Liability Partnership Act, 2008. 3. The plaintiff no.2, Martin and Harris Laboratories Limited, is a company incorporated under the Companies Act, 1956. Signature Not Verified Digitally Signed By:DHARMENDER SINGH CS(COMM) 223/2022 Page 1 of 8 Signing Date:13.02.2025 17:36:37 4. The plaintiff no.3, Martin & Harris (P) Ltd., is a company incorporated under the Companies Act, 1913. 5. The plaintiff no.4, Walter Bushnell Private Limited, is a company incorporated under the Companies Act, 1956. 6. The plaintiff no.1 is engaged in the business of medicinal and pharmaceutical products for the past several decades. The plaintiff no.2 has been manufacturing and selling various pharmaceutical products, one of them being under the trademark "DROTIN" under license from Plaintiff no.1. The plaintiff no.3 is engaged in inte