Drugs and Cosmetics Act, 1940
Sections 17-B & 17-D
'JOLEN" Permission/approval granted to respondent for manufacturing cosmetics under the Trade Mark "JOLEN". Claim that it was spurious .
HELD
The Drugs Controller has not committed any illegality in granting licence to R-2 for manufacture of cosmetics under the trade name JOLEN, merely because the said trade name stands registered in the name of the petitioner, in the light of the facts of this case, particularly when the said "registration" is of no use and not into effective operation, by force of law. This Court finds no merit on the objections of the petitioner on this issue. There is no fault in the order of R-l dated 1.12.2007. It is once again clarified that any observations made by this court on the trade mark dispute fleetingly will not be taken as any observations of this Court on that dispute. The writ petition is, however, liable to be dismissed and is dismissed as such. No order as to costs.
It is not within the-scope and powers of the Drug Controlling Authority to examine as to whether any action of infringement or passing off is taking place between two rival contenders Non-disclosure of some facts by respondents are not so material so as to call the action as fraudulent, and to wrest away the licence Madras High Court granted injunction in favour of Rival mark . Entire case of the petitioner rests on "registration" of the trade mark, but he did not initiate any action of infringement rather action initiated by the rival against the petitioner. Held that there is no illegality in granting licence for manufacture of cosmetics