Justice SJ Kathawala, while restraining further sale of the lookalike brand being sold by Curewell Drugs and Pharmaceuticals
Pharma company Glenmark Pharmaceuticals, which manufactures and sells Candid Dusting Powder, has recently won a trademark battle in the Bombay High Court, against a lookalike brand, which sold dusting powder by the name 'Candidat'.
Justice SJ Kathawala, while restraining further sale of the lookalike brand being sold by Curewell Drugs and Pharmaceuticals, ordered the court receiver to seize all the manufactured good of the company and also pay Rs 35 lakh to Glenmark.
Advocate Hiren Kamod and Advocate MA Mahadgut, who appeared for Glenmark, argued before the court: "In 2014, the company started using unique and artistic packaging label and has been using the label continuously and extensively. In April this year, it came across the defendants brand of Candidat, which has copied each and every element of the Candid trademark."
The court on personally checking the two brand samples produced in court, said: "There is no manner of doubt that the rival marks and packaging are almost identical and deceptively similar. Candidat is a reproduction of Glenmark's trademark. The adoption of a combination of same/similar marks, same layout, colour layout scheme, cannot be a matter of coincidence."
It thus restrained the defendant company to stop infringing on the trademark of Glenmark company. Kamod said: "The company has agreed to use Rs 25 lakh of the amount received for Charitable purpose."