Pharmaceutical trademark violation case against me(Director) & my co.

A case is been filed against me and my co. in Delhi high court last year in February by an Irish Pharma company. The plaintiff has filed it against three defendants, me as an individual ,my company and an unknown company (which they say we are associated). Multiple mediation has taken place meanwhile. We denied any connection with no.3 defendant. Product name Harvobay which is advertised by defendent no.3 violates the trademark act for the plaintiff's product "Harvoni". We have no connection with defendant no.3 , hence we plea to dismiss any charges against us. However plaintiff wants to prove the connection based on the fake website information and notification , where our company landline nos been mentioned. We want to have this case transfer to Bombay high court as we can defend it well here, compare to Delhi high court, since not able to co-operate with our Delhi Lawyer.

Answers (5)

82 votes

You can always move the delhi high court to transfer your case to the Bombay High court. But first you need to communicate with yoru delhi lawyer or seek / change the lawyer who would be more helpful. Any further advice would be possible only if you share the case records and the actual averments made in the petition.

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264 votes

Hello, in case of matter transferring, you have to file transfer petition before Supreme Court, for last 10 years I am handling several Transfer Petition successfully, resons and ground should be valid to transferring the case. According to Section 25 of Civil procedures code you can transfer any suit one state to another state.

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159 votes

Your remedy is to file a transfer petition before the Supreme court .. only the SC can transfer a case from one high court to another. The other remedy you can pursue is to get the directors of the def no 3 company impleaded who would clarify that you have nothing to do with the def no 3 .

111 votes

They(Irish) must have given specific grounds for including your name.We need to study case papers to prepare grounds for your acquittal.As regards transfer of case to Mumbai that may not get courts nod as TM act has given certain privileges under this act which are not there in CPC.You need need specialist TM Lawyers like us.If you hire us then we can definitely help.
We are very experienced and well known TM lawyers in Delhi.

197 votes

For the query you posted,I would suggest the following:

You can always get the same case transferred from one court to the other by simply filing a transfer petition before the supreme court of india.
Usually keeping in mind the facts of the matter, cases are transferred.
Though it totally depends on how the matter is presented.

I hope this answers the query.


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