In Scan Biotech India & Another v Scan Biotech
India , Scan Biotech India & Another (Plaintiffs), a
pharmaceutical product manufacturing concern sought permanent
injunction against Scan Biotech India (Defendant) for their use of
the trademark "BOLRAN" and the use of the trade name
"SCAN BIOTEK INDIA".
Owing to the absence of the written statement of the Defendant,
the High Court of Delhi deemed it appropriate to invoke the powers
under the provisions of Order 8, Rule 10, Code of Civil Procedure
(CPC) and proceeding to dispose of the matter.
The Plaintiffs submitted that their firm was registered with the
appropriate authorities i.e. Drug Controller. They further relied
upon an export import license issued on 31.3.2003 and its
membership with the Drug Export Promotion Council. In order to
support the user of the trademark "BOLRAN" as well as to
evidence the use of the name "SCAN BIOPTEK INDIA and SCAN
BIOTECH LIMITED", the Plaintiffs relied on the registration
certificates issued by the Trademark Office as well as the licenses
and documents issued by the drug authorities and the import and
export license issued by Drug Export Promotion Council. It was also
submitted that the Plaintiffs usage of the registered mark
"BOLRAN" was exclusive to Ukraine and such use was not
restricted in any manner in terms of Section 47 (2) (a) of the
The Plaintiffs laid down a final contention that the near
identical trade name 'SCAN BIOTECH INDIA' used by the
Defendant's in India was calculated to cause confusion amongst
the consumers in Ukraine in respect of the same product i.e. BOLRAN
for which the Plaintiffs owned trademark registration.
The Court opined that the materials on record and averments
supported by affidavits clearly established that the Plaintiff was
the registered owner of "BOLRAN". The court further
observed that the Defendant's usage of "SCAN BIOTEK INDIA
and SCAN BIOTECH LIMITED" with little or no variations was
intended to cause confusion and amounted to infringement under
Section 29 (5) of the Trademarks Act. The said section reads as
"A registered trademark is infringed by a person if he uses
such registered trademark, as his trade name or part of his trade
name or name of his business concern or part of the name, of his
business concern dealing in goods or services in respect of which
the trademark is registered."
In view of the above discussion, the Court felt that the
Plaintiff's had been successful in establishing infringement of
its trademark as well as infringement in terms of Section 29 (5) by
the Defendant. The decree of permanent injunction was thus passed
in favour of the Plaintiff.
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