Delhi High Court: The suit was filed against the marks FERTISUN used per se as well as with the suffixes F and L as FERTISUN-F and FERTISUN-L and the corporate name of the defendant ‘LaurenSun Remedies Pvt Ltd’. C. Hari Shankar, J., permanently restrained the defendants from using “SUN” as part of their mark or brand name, relating to any of the products manufactured and sold by them, whether as a suffix or as a prefix or anywhere else in the name.
The plaintiff submitted that there is no objection to the use, by the defendants, of the prefix, “FERTI”, as in any of their marks, but is objecting to the use of “SUN” as a prefix or a suffix or as any part of any marks used by the defendants or as part of their corporate name. The defendants submitted that their client is agreeable not to use “SUN” as a suffix or prefix or as any part of any marks in respect of any of their products, or as part of their corporate name.
Thus, the Court granted permanent injunction restraining the defendants from using “SUN” as part of their mark or brand name, relating to any of the products manufactured and sold by them, whether as a suffix or as a prefix or anywhere else in the name.
The Court also directed the defendants to place on record, on affidavit, the details of the last batch and manufacturing details of the last batch of any products manufactured by them, of the name of which “SUN” constitutes a part and ensure that their corporate name is modified to remove therefrom, the suffix “SUN”. The defendants are, however, granted two months’ time to do so.
[Sun Pharmaceuticals Industries Limited v Laurensun Remedies Pvt Ltd., 2023 SCC OnLine Del 7372, decided on 22-11-2023]
Advocates who appeared in this case :
Mr. Rohit Pradhan and Mr. Sachin Gupta, Advocate for plaintiff
Mr. Arav Khanna, Advocate for defendants