New Delhi, June 24 : The Delhi High Court has permanently restrained two pharmaceutical manufacturers from using the Trademark ‘LOOZOUT’ in their products, which is deceptively similar to the registered Trademark ‘LOOZ’.
A single bench of Justice Jyoti Singh, while dealing with the suit moved by Intas Pharmaceuticals, also imposed a cost of Rs two lakh to the defendant companies.
As per the recently passed order, apart from permanently restraining them from manufacturing, selling, offering for sale, advertising, and promoting the products using the mark ‘LOOZOUT’, they are also stopped from manufacturing and selling products under any other mark, which is identical or deceptively similar to the registered mark of the Plaintiff ‘LOOZ’.
During the course of the hearing, the court noted that the defendants have chosen to stay away from the proceedings, despite service, and thus there is no justification or reasonable explanation to adopt the infringing mark on the products manufactured by them.
“Since the suit has been settled qua Defendant No.1 at an early stage of litigation, Plaintiff is entitled to refund of 50 per cent of the Court Fees deposited by it, in accordance with provisions of Section 16A of the Court Fees Act, 1870 read with Section 89 CPC, 1908,” read the order.
Accordingly, the suit has been disposed of.
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