Bombay HC Disposes Of Trademark Infringement Suit On Basis Of Settlement

The Bombay High Court recently disposed of a case on the basis of consent terms arrived at in the settlement.

The petition was filed by J.B. Chemicals and Pharmaceuticals against the Temple Live Science and Maks Life Care Pvt. Ltd. The Plaintiff had filed the suit inter alia seeking grant of perpetual injunction restraining infringement of trade mark, passing off and for damages. The Plaintiff had claimed rights over trade mark ‘BIFZER-XT’ in class 5 in relation to the – medicinal and pharmaceutical preparation under provisions of Trade Mark Act, 1999 and allegedly claimed that Maks Life Care Pvt. Ltd. Markets, sell and/or distributes a medicinal and pharmaceutical preparation under the mark ‘BISFER’.

Whereas Maks Life Care Pvt. Ltd. it its written statement stated that: 
-    That the product bearing the impugned mark ‘BISFER-XT’ contains prominently the house mark of Maks Life Care Pvt. Ltd./Defendant No.2 (Logo/Word).  
-    That the impugned mark was a bona fide adoption of the being a mere rearrangement of ingredients of the impugned product and is not an arbitrary/coined word and hence no one can claim exclusivity on the impugned mark. 
-    That there were substantial differences between the competing marks, wherein the impugned mark was a softgel capsule under product category- nutraceuticals products and the mark of the Plaintiff ‘BIZFER-XT’ is in form of tablets under the product category-drug product and many more.
-    That the benefit of doctrine of honest concurrent user was to be accorded to Defendant No.2. As the Defendant No.2 had been marketing the products bearing trade mark “BISFER-XT” since 2019 which was also bearing the distinctive registered logo of Maks Life Care Pvt. Ltd (Word/label) whereas the Plaintiff had applied for Trade Mark for “BIZFER” and “BIZFER-XT” in 2008 and availed registration in 2010. And after gap of 5 years of extensive use of said trade marks, the Plaintiff filed the present suit to a mark which had a prominent display of registered Trade Mark of Maks Life Care Pvt. Ltd along with impugned mark. 
-    That Defendant No.2 Was incorporated in 2019 and was offering a wide range of health and wellness products free from impurities and full nutrients and have been marketing their products bearing its registered Trade Mark at a prominent display through which people at large associate with their products and no one else.

Consent Terms:
-    The Plaintiff and Maks Life Care have mutually settled their disputes arising out of the present Suit. Maks Life Care hereby acknowledges and accepts the Plaintiff’s absolute rights in its trade mark ‘BIZFER’/ ‘BIZFER formative marks/ BIZFER family/series of marks’ and the goods sold/business done.
-    Maks Life Care be restrained by a perpetual order and injunction of this Court from in any manner using, manufacturing, marketing, selling, distributing, exporting, promoting, advertising, exhibiting for sale or otherwise in shops, hospitals, on their websites or on e-commerce websites and/or using in any manner   in relation to  any medicinal and/or  pharmaceutical preparation and/or such allied and cogent products the impugned trade mark “BISFER” / “BISFER-XT” or any other trade mark containing the mark “BISFER” or using any other mark being identical with and/or deceptively similar to Plaintiff’s trade mark ‘BIZFER’ and/or ‘BIZFER’ family/series of trademarks so as to infringe the Plaintiff’s trade mark ‘BIZFER’ and its ‘BIZFER’ family/series of trademarks registered under Nos.  1719786, 1719787 and 3785134 in Class-5 by such use and/or in any other manner. 
-    Maks Life Care has transferred to the Plaintiff via NEFT a sum as full and final settlement for Plaintiff’s claim in the suit.
The Parties in the instant case, as per advise received, agreed to settle the matter. 

The court vide final order observed that based on the aforementioned consent terms the Plaintiff and Defendant No.2 have arrived at a settlement in the above Suit. The Consent Terms dated 29th April, 2024 are tendered and taken on record and the Consent Terms are in order, not contrary to law and have been drawn by the parties of their own volition in reflection of their true intentions along with the undertakings in the Consent Terms being accepted as undertakings to the Court. The Suit is disposed of and decreed against the Defendant No.2 in terms of prayer.

J.B. Chemicals & Pharmaceuticals- Adv Mahesh A. Mahadgut
Maks Life Care Pvt. Ltd – Represented by: Adv Anushkaa Arora, Adv Mudit Tayal, Adv Gurneev Singh