The Bombay High Court granted interim relief in favour of Laboratories Griffon Pvt. Ltd. in Comm IP No. 213 of 2022, restraining the defendants from using the marks “GLYNET” and “GLYZET” in relation to pharmaceutical preparations for the treatment of diabetes. The plaintiffs are the registered proprietors of the trademarks “GLIMET” (Registration No. 579544) and “GLIMET DS” (Registration No. 2676118) in Class 05. The plaintiffs contended that the impugned marks adopted by the defendants were deceptively similar and likely to cause confusion in relation to identical medicinal products.

The Court noted that in earlier proceedings between the parties, the defendants had undertaken to cease use of the mark “GLYNET”, withdraw the relevant trademark applications, and destroy existing stock after a specified period. However, the plaintiffs subsequently produced material indicating continued manufacture and sale of products bearing the impugned mark, including invoices and online listings. The Court observed that the defendants’ explanation regarding the adoption of the marks and the timeline of manufacture was inconsistent with the documentary record.

Applying the principles governing pharmaceutical trademarks as laid down in Cadila Healthcare Ltd. v. Cadila Pharmaceuticals Ltd., the Court held that the competing marks were structurally, visually, and phonetically similar, and that such similarity in relation to medicinal products raised a likelihood of confusion and potential public health concerns. The Court also noted the defendants’ continued use of the impugned marks despite prior undertakings given before the Court.

Accordingly, the Court granted an interim injunction restraining the defendants from manufacturing, selling, exporting, or advertising pharmaceutical products under the marks “GLYNET”, “GLYZET”, or any other deceptively similar mark. The Court further directed initiation of proceedings in respect of alleged false statements made on oath and imposed exemplary costs of ₹50 lakhs, payable within twelve weeks, with interest at 12% per annum thereafter in case of default.

Source: Laboratories Griffon Pvt. Ltd. v. Zee Lab Pharmacy & Ors., Interim Application No. 3540 of 2022 in Comm IP No. 213 of 2022 (Bombay High Court).