Pandemic Headache?

Despite restricted judicial functioning in the wake of the severe second wave of Covid19 in India, Remfry & Sagar had filed a suit on behalf of Sanofi India Ltd. to restrain pharma company Ridley Life Science Pvt. Ltd. from using the marks ‘CORIFLAM’ and ‘CONCIFLAM’ as they were deceptively similar to Sanofi’s well-known brand ‘COMBIFLAM’.

An urgent application was filed before the High Court of Delhi apprising the court of the defendant’s unlawful acts of sale of identical pharmaceutical products under the impugned marks, and the sensitive nature of products involved – paracetamol tablets/syrup. On account of the lockdown, the lawsuit was filed seeking a host of exemptions from the court including payment of the requisite court fees, filing of notarised pleadings/documents, lack of physical signatures of constituted attorney(s) on documents, advanced service to the defendant etc., all of which the court allowed subject to the same being filed upon lifting of the lockdown. Further, vide order dated May 31, 2021 the court granted an ex parte injunction against Ridley Life Science.

Thus, pandemic or no pandemic, in case of matters wherein litigants seek urgent relief, the option of approaching the court is always available!



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