The order was passed by judge S J Kathawala recently on a notice of motion taken out by Aristo in a suit filed by it against Innova Cap Tab and others for infringing its trademark.
In December 2002, the former (then a public limited company) originally conceived and adopted the MONTINA trademark being, to be used for its products.
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On December 31, 2002, it applied for and got the trademark MONTINA registered for medicinal and pharmaceutical preparations. Subsequently, it became a private limited company.
The registration of the trademark was renewed on December 31, 2012, for 10 years by Aristo. The registration of the trademark is thus valid and subsisting, the court noted.
In June last year, Aristo started making a medical preparation in the form of syrup and tablets that was to be marketed under the trademark MONTINA. In August last, it started selling its products under the trademark MONTINA-L. Since then Aristo is selling the preparation.
In September last year, Aristo came across the Innova's preparation sold under the MONTINAL trademark. On September 19, it filed a suit against Innova for infringement of its trademark.