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Obtaining Ex Parte Injunction on the basis of Old Trademark and Packaging

The case at hand involves an appeal filed against an ad interim injunction order passed by the learned Commercial Court in a matter concerning trademarks and packaging. The appellant, Wings Pharmaceuticals Pvt Ltd, raised grievances regarding the manner in which the injunction order was obtained by the respondent, Celebrity Biopharma Limited.

Misrepresentation by Plaintiff/Respondent No.1:
The crux of the appellant's argument revolves around allegations of misrepresentation by the respondent. They contend that the respondent presented packaging that had been discontinued by the appellant in January 2022 to persuade the court to grant an ad interim injunction. According to the appellant, this act amounts to clear misrepresentation, which should disentitle the respondent from obtaining any interim relief.

Additionally, the appellant raised concerns regarding a publication allegedly circulated by the respondent, representing that the learned Commercial Court had banned the appellant's product. The appellant argued that this publication further contributes to the misrepresentation and misuse of the court's order, damaging the appellant's reputation in the process.

Court's Observation:

Upon examination of the matter, the Hon'ble Division Bench observed the mischievous nature of the circulated advisory and deemed it an abuse of the court's process. They noted that the advisory did not accurately reflect the order passed by the learned Commercial Court and emphasized that the injunction was ad interim and passed without hearing the appellant. Circulating such an advisory was unnecessary and could only be construed as an attempt by the respondent to misuse the court's order to tarnish the appellant's reputation.

Consequently, the Hon'ble Division Bench disposed of the appeal by permitting the appellant to file an appropriate application before the learned Commercial Court, outlining the grievances raised in the appeal.

This decision underscores the importance of upholding fairness and transparency in legal proceedings and emphasizes the consequences of misrepresentation and misuse of court orders. It also reaffirms the judiciary's commitment to addressing grievances and ensuring that justice is served impartially.

Case Title: Alkem Laboratories Ltd vs Wings Pharmaceuticals Pvt. Ltd.
Order Date: 06.02.2024
Case No. FAO(COMM)25/2024
Neutral Citation: NA
Name of Court: Delhi High Court
Name of Hon'ble Judge:Vibhu Bakhru and Tara Vitasta Ganju,H J.

Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and Trademark Attorney
Email: [email protected], Ph no: 9990389539

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