Delhi HC stops 2 pharmaceutical companies from using ‘LOOZOUT’ brand
NEW DELHI: The Delhi High Court has permanently banned two pharmaceutical manufacturers from using the trademark ‘LOOZOUT’ in their products, which deceptively resembles the trademark ‘LOOZ’.
A single bench of Judge Jyoti Singh, while dealing with the lawsuit brought by Intas Pharmaceuticals, also imposed a cost of Rs two lakh on the defendant companies.
According to the recently adopted ordinance, in addition to permanently preventing them from manufacturing, selling, offering for sale, advertising and promoting the products using the “LOOZOUT” brand, they are also prohibited from manufacture and sell goods under any other trademark, which is identical or deceptively similar to Plaintiff’s trademark “LOOZ”.
During the hearing, the court noted that the defendants chose to stay out of the proceedings, despite the service, and therefore there was no justification or reasonable explanation for adopting the infringing mark on the products produced by them.
“Because the lawsuit was settled as Defendant No. 1 at an early stage of the litigation, the plaintiff is entitled to reimbursement of 50% of the legal costs he filed, in accordance with the provisions of Article 16A of the Court Costs Act 1870. read with Article 89 CPC, 1908, ” read Ordinance.