Doctor Morepen Limited which is 100% subsidiary of Morepen Laboratories Ltd. and had acquired the brand ‘LEMOLATE’ from M/s Yash Pharma Laboratories in the year 2002 and is manufacturing and marketing the same for last five years under Doctor Morepen Brand.
It had come to the knowledge of the Doctor Morepen that M/s Yash Pharma Laboratories are manufacturing/selling/trading the unbranded LEMOTAB and misleading the public by deceptively similar name, packaging mainly in Mumbai, Ahmedadbad, Vadodra, Patna, Kolkatta, Gauhati.
Doctor Morepen has instituted a suit for infringement against M/s Yash Pharma Laboratories and has decided to vigorously pursue and take action in respect of other medicinal products also which are deceptively similar to their registered trademarks.
On the application filed by Doctor Morepen, Hon’ble High Court of Delhi has restrained M/s Yash Pharma Laboratories from selling, offering for sale, advertising, marketing medicine under the trademark LEMOTAB or any other mark deceptively similar to the trademark LEMOLATE till the next date of hearing .
The High Court of Delhi had also appointed local commissioners to inspect and make inventory of the medicines bearing the mark ‘LEMOTAB’ at the outlets from which the offending article is being sold.