Bombay High Court Orders Taj Pharmaceuticals to Issue a Clarification and Withdraw the Press Release Dated 26th April, 2016
MUMBAI, May 11, 2016 /PRNewswire/ --
Emcure Pharmaceuticals Limited, a leading pharmaceuticals company, had filed a trademark violation suit in the Bombay High Court against Andheri-based company Taj Pharmaceuticals. Taj Pharmaceuticals was accused of facilitating the export of batches of sub-standard anticancer injections by using Emcure's brand name BiCNU.
Disposing of the intellectual property rights case, Bombay High Court passed an order of permanent and mandatory injunction restraining Taj Pharmaceuticals, its affiliate concerns or group entities and any person claiming by, through or under them from infringing Emcure's registered trademark 'BICNU' or 'Consium' or using any mark attempting to pass off any products as those of Emcure or manufacture, sell or deal with any goods to indicate that these goods are manufactured by Emcure. The Court further clarified that Taj Pharmaceuticals is not to affix any mark or indication on any of the goods with which they deal so as to suggest that those goods emanate from Emcure. "It is clarified that whatever the grievances the Plaintiffs [Emcure] and Defendants [Taj Pharmaceuticals] may have against each other, these will not extend to a claim by the Plaintiffs for damages on the cause of action pleaded in this Suit," said the Court.
Pursuant to the said order of the Honorable Bombay High Court, Taj Pharmaceuticals released a press release on April 26, 2016 stating incorrect facts about Emcure, the suit and the order passed by the Honorable High Court. Dr. Birender Saraf, counsel for Emcure, brought up the matter before the Court, seeking for direction against the press release issued. The matter was heard on May 3, 2016 and upon hearing the parties it was observed by Justice Gautam Patel in his order dated May 3, 2016 that "Rather than seeing that order in the spirit in which it is intended, Dr. Saraf for the Plaintiffs points out that the Defendants then proceeded to issue a press release that is a complete distortion. It attributes even to me personally things I never said. It attributes to me a conclusion or judicial determination that I did not make. It makes out a case that the Plaintiff was unsuccessful in its case. Nothing can be further from the truth."
It was further observed in the order that, "I note for the record that almost nothing these Defendants say on behalf of Taj Pharmaceuticals Limited is to be believed. They have no manufacturing unit. Their statements and claims on their website have been found to be false in every particular. Mr. Shantanu Singh, who watched with all in Court a YouTube video put out by the Defendants, that the claims made in that video are untrue. The Defendants do not own, operate or manage any manufacturing facility at all. They only claim to trade in generic drugs, buying from one and selling to another. Beyond this they have no expertise, technical or otherwise, whatsoever. The tall claims in the YouTube video and on their website are wholly unsubstantiated." Justice Gautam Patel further did not agree with the claim made by Taj Pharmaceuticals about their relationship with Taj Accura, Ireland.
The Court ordered Taj Pharmaceuticals to immediately issue a press release containing the full, unedited and unexpurgated content and text of the order passed by Court on May 3, 2016. However, Taj Pharmaceuticals issued a press release containing the order dated April 21, 2016 thereby not complying with the order of May 3, 2014.
The matter was again heard on May 4, 2016 in the Court and Dr. Saraf, counsel for Emcure, tendered across the press release published by Taj Pharmaceuticals on May 3, 2016 and informed the Court about the non-compliance by Taj Pharmaceuticals of the order dated 3rd May, 2016 as Taj Pharmaceuticals published the order dated 21st April, 2016 instead of the May 3 order.
Advocate Abhijit Kulkarni, counsel for Taj Pharmaceuticals informed the Court that Taj Pharmaceuticals are willing to tender an unconditional apology for publishing the press release. The Court after noting the undertaking given the advocate, directed Taj Pharmaceuticals to further issue a press release by the end of day of May 4, 2016 stating that the contents of press release dated April 26, 2016 were inaccurate and that Taj Pharmaceuticals withdraws the same and also passed an order restraining Taj Pharmaceuticals from issuing further press releases or effecting any private circulation.
Thereafter, Taj Pharmaceuticals issued a press release dated May 4, 2016, stating that the press release dated April 26, 2016 as incorrect and unconditionally withdrawing the same in its entirety along with all the contents there in.
For more information, visit: http://www.emcure.co.in/
For more information on the press release dated May 4, 2016, please visit, http://www.prnewswire.co.in/news-releases/clarification-on-behalf-of-taj-pharmaceuticals-in-respect-of-press-release-dated-26th-april-2016-578098941.html
Media Contact: Neerav Shah firstname.lastname@example.org +91-20-66770000 Emcure Pharmaceuticals Limited