LABORATOIRES GRIFFON PRIVATE LIMITED AND ANR vs PSYCHOTROPICS INDIA LIMITED

1. The present Interim Application seeks to restrain the Defendant from infringing the Plaintiffs’ registered trade mark i.e., 'GRILINCTUS' (“the Plaintiffs’ mark”), and from passing off the Defendant’s products as those of the Plaintiffs. For convenience, reference to the parties in this Order shall be as they are arrayed in the captioned Commercial IP Suit. Meera Jadhav 3-IA-4006-2022 The Facts in Brief: 2. Plaintiff No. 1, on 31st August 1972, obtained registration of the Plaintiff’s mark i.e., ‘GRILINCTUS’. Additionally, Plaintiff No. 1 is the registered proprietor of several other allied marks, of which ‘GRILINCTUS’ is an essential part (“the allied marks”). Plaintiff No. 1 then assigned the allied marks to Plaintiff No. 2 vide a Deed of Assignment dated 25th January 1988. Thereafter, on 8th March 2012, Plaintiff No. 2 reassigned all the rights and goodwill in the allied marks consisting of the word ‘GRILINCTUS’ back to Plaintiff No. 1 by a Deed of Assignment, which is appended as Exhibit ‘C’ to the Plaint. 3. It is the Defendant’s case that in the year 2008, the Defendant adopted the mark ‘PIL-LINCTUS’ (“the impugned mark”) and also commenced use thereof in the same year. 4.