India: Delhi High Court grants injunction in favor of GSK
In this case, Glaxosmithkline Pharmaceuticals (hereinafter referred to as the ‘Plaintiff’) filed a suit against Sarath Kumar Reddy (hereinafter referred to as the ‘Defendants’) to permanently injunct the latter from using the mark “GSK”. The Hon’ble High Court of Delhi ruled in favor of the Plaintiff vide order dated November 2, 2016.
Brief facts and background of the case
The Plaintiffs herein are -
Plaintiff no. 1: GlaxoSmithKline Pharmaceuticals Limited (hereinafter referred to as ‘GSK India’)
Plaintiff no. 2: SmithKline Beecham Limited (hereinafter referred to as ‘SKB’)
The Plaintiff no. 1 herein is a well-known pharmaceutical company, and the mark GSK is a commonly used abbreviation for GlaxoSmithLline, which has been in use since the year 2000 (as averred by the Plaintiffs in para 6 of the judgment). The Plaintiffs are a part of the GlaxoSmithKline Group, which is the parent company.
The Defendant herein is one of the directors of ‘GSK Life Sciences Private Limited (hereinafter referred to as the “company”). The Defendants were using the mark ‘GSK’ as a part of their trade name, along with the GSK logo in the drop form.
On May 30, 2013, the High Court had passed an ex-parte ad-interim injunction against the Defendant, thereby restraining the same from using the mark GSK and any other deceptively similar mark.
The Plaintiff’s submitted that -