Bombay High Court Restraints Mas Pharmachem's 'BON K2 FORTE', Protects Integrace 'BON-K2' Mark

The Bombay High Court on 15 June granted a permanent injunction restraining Mas Pharmachem from using the mark 'BON K2 FORTE', holding it to be deceptively similar to Integrace Private Limited's registered mark 'BON-K2'.

Justice Arif S. Doctor found the defendants' adoption of the mark to be “plainly dishonest, malafide and with a clear intent to deceive” and directed them to pay costs of Rs.1,00,000 each to the Plaintiff within eight weeks, with interest at 8% per annum in case of default. He held:

“The Defendants' impugned mark, i.e., 'BON K2 FORTE', has entirely subsumed the Plaintiff's registered trade mark, i.e., 'BON-K2'” and “a comparison of both marks would in fact suggest that the products are effectively the same; only the Defendants' product is a fortified version of the Plaintiff's product.”

Glenmark Pharmaceuticals Ltd adopted the mark 'BON-K2' in early 2010 for medicinal and pharmaceutical products. Integrace acquired the mark along with its goodwill and reputation under a Deed of Assignment dated 27 September 2018.

In May 2014, Glenmark discovered that Mas Pharmachem sold pharmaceutical products under the mark 'BON K2 FORTE'. Integrace filed the suit and obtained ad interim relief in November 2014 for trademark infringement and in December 2014 for passing off. The Court confirmed both orders in December 2015.

Despite service of summons, the Defendants failed to appear, file a written statement, or lead evidence, and the suit proceeded as an undefended matter.

The Court held that the essential and prominent feature of 'BON-K2' stood wholly incorporated within the impugned mark, making the marks virtually identical. It drew an adverse inference from the Defendants' non-participation and held that their conduct showed dishonest and mala fide adoption.

Accordingly, the High Court decreed the suit and granted a permanent injunction along with directions for delivery up and destruction of infringing goods and packaging.