JOHNSON & JOHNSON vs PRITAMDAS ARORA T/A M/S MEDSERVE & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 07.02.2025 Judgment pronounced on: 11.03.2025 + CS(COMM) 570/2019 with I.A. 3678/2021, I.A. 3700/2021 and I.A. 12068/2022 JOHNSON & JOHNSON .....Plaintiff Through: Ms. Nancy Roy, Mr. Raghav Malik, Ms. Prakirti Varshney and Mr. Prashant, Advocates. versus PRITAMDAS ARORA T/A M/S MEDSERVE & ANR .....Defendants Through: None. CORAM: HON’BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL, J. 1. The present suit has been filed by the plaintiff seeking relief of permanent injunction restraining the defendants from infringing the trade mark, selling counterfeits, and passing off along with other ancillary reliefs. CASE SETUP IN THE PLAINT 2. Plaintiff [Johnson and Johnson], a company organised and existing under the laws of New Jersey, United States of America, is engaged in manufacturing consumer healthcare products, medical devices and pharmaceutical products. It is stated that the plaintiff has more than two hundred thirty (230) subsidiaries and employs more than one lakh thirty Signature Not Verified Digitally Signed CS(COMM) 570/2019 Page 1 of 36 By:KOMAL DHAWAN Signing Date:11.03.2025 16:16:08 thousand (1,30,000) employees with presence in over sixty (60) countries. 3. Plaintiff’s business is diversified into three segments, namely, consumer healthcare products, pharmaceuticals, and medical devices. In 1949, the plaintiff acquired ‘Ethicon Suture Laboratories’, later renamed to ‘Ethicon Inc’ which manufactures inter-alia, surgical sutures, bleeding management and wound-closing devices. 4. Plaintiff, through its subsidiary Ethicon, manufactures medical devices used for bleeding management and sells them under the trade marks ‘SURGICEL’ and ‘ETHICON’. 5. The plaintiff coined the term ‘SURGICEL’ in 1957 in rela