HC imposes ₹10 lakhs on Sun Pharma for concealing facts

MUMBAI : The Delhi High Court in its order handed on Tuesday levied a penalty of 10 lakhs on Sun Pharmaceutical Industries for concealing facts as a way to acquire an ex-parte injunction order in its trademark matter with DWD Pharmaceuticals.

A bench led by Justice Navin Chawla held that “The plaintiff (Sun Pharma) can’t be allowed to flee the implications of getting hid materials facts from this Court to acquire an ex-parte order of injunction. Whether with the disclosure of the above-mentioned materials facts, the Court would have nonetheless granted the ad-interim ex-parte order of injunction or not, isn’t related and can’t absolve the plaintiff from the implications of not making such disclosure of fabric facts”.

Adding that such a observe not solely needs to be deprecated however should even be penalised. The plaintiff, subsequently, is saddled with prices of 10 Lakh. The penalty needs to be paid by the corporate inside two weeks, the order stated. The case has been listed for additional proceedings on 19 January 2023.

In May, an interim injunction was handed by the excessive court docket restraining DWD from utilizing the mark “Folzest” or any other mark similar to Sun Pharma’s mark “Forzest”

Essentially, DWD’s Folzest is a multivitamin for pregnant girls to cut back the danger of pre-term start whereas Sun’s Forzest is used for the remedy of erectile dysfunction in males.

Sun in its plea prayed for the grant of an ad-interim injunction restraining the DWD from manufacturing, promoting, providing for sale, promoting, immediately or not directly dealing in medicinal preparations beneath the mark ‘FOLZEST’ or some other trademark which is deceptively much like the plaintiff’s trademark ‘FORZEST’.

Sun additionally contended that mark Forzest has been registered since 2003. While it additionally claimed that it got here throughout the defendant’s software in search of registration of the impugned mark ‘FOLZEST’ in May, after which it approached the court docket.

On the opposite hand, DWD stated that it had approached the court docket stating that it’s the registered proprietor of trademark Zest since 1983 and has a household of registered mark with Zest forming part of them. And that sure materials data was hid from this court docket.

Further, DWD alleged that Sun Pharma was well-aware of not solely the registration of the mark ‘ZEST’ in favour of the DWD, but in addition of the opposite marks registered and utilized by the defendant, in as a lot as, the plaintiff had earlier utilized for the registration of the mark ‘EXEZEST’, which was opposed by the defendant method again within the 12 months 2009, citing the ‘ZEST’ Family of Marks. The stated opposition continues to be pending adjudication earlier than the Trade Marks Registry, based on the judgement.

“It is the case of the defendant that the plaintiff has deliberately not disclosed the above facts in its plaint, and is, subsequently, responsible of concealing materials facts”, it stated.

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