In a suit filed by Glenmark Pharmaceuticals against Galpha Laboratories for infringing upon its medicinal cream products, the Hon’ble Bombay High Court vide order dated August 28, 2018 noted that there had been a systematic copy of Glenmark Pharmaceutical’s products, and directed Galpha Laboratories to deposit a sum of Rs. 1.50 crore towards the Kerala Chief Minister’s Fund.
To briefly state the facts, Galpha Laboratories, the defendant company, had been selling a cream named ‘Clodid B’, with the same design and pattern as that of Glenmark’s ‘Candid B’ cream. Glenmark in its suit claimed that Galpha Laboratories were habitual infringers, and that they regularly indulged in such infringements. Noting the fact that several other pharmaceutical companies have also filed cases against Galpha Laboratories for alleged infringement in various courts, the court held that there had been an infringement by Galpha Laboratories with regards to Glenmark’s product, and recognized that Galpha had a modus operandi of copying brands of other firms for profits.
Thus the Hon’ble Bombay High Court acknowledged that Galpha Laboratories was a “habitual infringer” of various medicinal products, whose trademarks have been registered by other pharmaceutical companies. Although initially Galpha Laboratories was instructed to pay the sum to Glenmark, upon Glenmark’s request, the court directed Galpha to deposit the sum towards an NGO. Accordingly, Galpha Laboratories was directed to deposit a sum of Rs. 1.50 crore towards the Kerala Chief Minister’s Fund to be used for the relief work in the aftermath of the floods in Kerala.
Click here for the order