Emami gets edge in trademark case against Dr. Morepen

Kolkata: FMCG major

Emami

on Monday has got a favourable order on a trademark violation suit against Dr. Morepen, a leading pharma company. The suit was filed before the Commercial Court at Alipore for infringement of trademark under Section 134 of the Trade Marks Act, 1999. This was for passing off and permanent injunction and for infringement of copyright under the Copyright Act, 1957.

Emami had claimed that it is the registered proprietor of the word “Pancharishta” since 1968 and also the registered proprietor of the marks “Zandu Pancharishta” and “Zandu Pancharishta Plus” besides other registrations of the said mark “Pancharishta” both words and labels and the company claimed to be the first user of the said mark.

Emami alleged that the bottle and colour scheme of them and that of Morepan are identical in nature and also the Emami’s registered trademark “Pancharishta” & “Zandu Pancharishta” have been infringed by the pharma firm by use of deceptively similar marks “Dr. Morepen Paachan Rishta” and “Dr. Morepen Paachanarishta”.

The Commercial Court at Alipore allowed the application of Emami for temporary injunction earlier under Section 151 of the Trade Marks Act, 1999 and Copyright Act, 1957. It had passed an order of ad-interim injunction thereby restraining

Dr Morepen

from infringing the registered marks “Pancharishta” & “Zandu Pancharishta” and other registered marks of the of the petitioner as well.