The famous Pan-40 trademark infringement

Alkem Laboratories secures injunction for their ‘Pan’ family of trademarks

Alkem Laboratories sought an injunction against Dr. Reddys Laboratories Ltd. & Ors. for using identically similar marks, i.e., ‘Doctor PAN-D’/’Doctor PAN’/ Dr. Pan’ or any related trademarks which could lead to a deception among the consumers. 

The plaintiff contended that they were utilizing PAN-40 since 2000 to name their pharmaceutical products, consisting of a wide variety of products being sold under the trademark ‘PAN.’ They further registered other variants of the marks under PAN used to distinguish their products.

The plaintiff stated that the defendants were allegedly selling similar pharmaceutical products with identical components under the name of ‘Doctor PAN – D’ and ‘Doctor PAN’ that is deceptively similar to the plaintiff’s mark and is thus an infringement. The defendants had applied for registration the impugned mark 2019, to which the plaintiff had objected.

The Court’s initial suggestion for the parties was to attempt to settle the matter, but the Defendants made specific recommendations not agreed upon by the plaintiff. The defendants contended that the mark adopted by them was based on the product’s ingredients, which is a common practice in the pharmaceutical industry. However, the plaintiff claimed that the trademark used by them was prevalent for a long time when compared to the current use by the Defendants. 

Also read: Alkem Laboratories granted injunction in trademark infringement of ALDIGESIC

A Single Judge Bench of the Delhi High Court consisting of Hon’ble Mr. Justice Jayant Nath on 12th October 2021 held that the case put forth by the plaintiff is prima facie and granted an ex- parte injunction order against the Defendants. While allowing them to submit an affidavit stating the amount and value of the stock with the impugned mark, the Court said the pending stock product would be considered for sale only after the plaintiff agrees to the same. 

Author: – Sania Gupta: Student at School of Law, Christ University

Disclaimer: This brief is intended to provide general guidance to the subject matter. It does not contain legal advice. For any specific advice/corrections, write to [email protected]


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