Bombay High Court Grants Relief To Galderma In Trademark Infringement Case Against Counterfeit Products

Bombay High Court Grants Relief To Galderma In Trademark Infringement Case Against Counterfeit Products

Introduction

The Bombay High Court has granted relief to Galderma Holdings, a Swiss pharmaceutical major, in an intellectual property (IP) enforcement action against counterfeit products bearing its ‘CETAPHIL’ trademark.

Factual Background

Galderma, acting through its Indian subsidiary Galderma India, approached the Court seeking urgent measures to address large-scale counterfeiting of its products across online platforms and local markets.

Parties Involved

Plaintiff: Galderma Holdings (Swiss pharmaceutical major)

Defendants: Unknown infringers (counterfeiters of CETAPHIL products)

Issues

1. Trademark Infringement: Whether the defendants were liable for trademark infringement by manufacturing and selling counterfeit CETAPHIL products.

2. Interim Relief: Whether the plaintiff was entitled to interim relief, including a John Doe injunction order, to take immediate action against unidentified infringers.

Contentions of Parties

Plaintiff's Contentions: The plaintiff alleged that the defendants were engaged in large-scale counterfeiting of its products, which was likely to cause confusion and harm to its reputation and goodwill.

Defendants' Contentions: Not reported, as the defendants were unknown infringers.

Reasoning & Analysis

The Court issued a John Doe injunction order, permitting the plaintiff to take immediate action against unidentified infringers. The order was followed by search and seizure operations carried out by a team from Khaitan and Co. in collaboration with the police and Court Receivers.

Final Outcome

The Court granted relief to the plaintiff, permitting it to take action against counterfeit products bearing its ‘CETAPHIL’ trademark. The search and seizure operations resulted in the identification of manufacturing and trading locations in New Delhi and Mumbai.

Implications

The Court's order highlights the importance of protecting intellectual property rights, including trademarks, in the face of counterfeiting and infringement. The order also underscores the role of John Doe injunction orders in enabling rights holders to take immediate action against unknown infringers.