Prathiba M. Singh, J. - (1.) I.As. 7708/2019 (u/O XXXIX Rules 1 & 2 CPC) & 8563/2019 (u/O XXXIX Rules 3A and 4 CPC) The present order disposes of the applications under Order XXXIX Rules 1 and 2 CPC and Order XXXIX Rules 3A and 4 CPC. Brief Facts
(2.) The Plaintiff - Emami Ltd. has filed the present suit seeking protection of the mark "ZANDU PANCHARISHTA" and "PANCHARISHTA". The case of the Plaintiff is that the product "ZANDU PANCHARISHTA" was launched in the year 1968 by Zandu Pharmaceutical Works ltd. This company was acquired by the Plaintiff - Emami Ltd. sometime in 2008. Thus, in the present suit, reference to the Plaintiff would include its predecessor-in-interest. The term "PANCHARISHTA" is stated to have been coined by the Plaintiff and is claimed to be an inherently distinctive trademark. The product sold under the said mark "PANCHARISHTA" with the house-mark "ZANDU" is an ayurvedic digestive tonic. It treats consumers with ailments including digestive problems, gas, heaviness in the stomach, flatulence, belching, loss of appetite and constipation.
(3.) The Plaintiff admits that the product is based on the traditional AsavaArishtas, namely, Drakshasava, Kumariasava, Lohasava, Dashmoolarishta and Ashwagandharish. The Plaintiff further claims that the product has been developed with a unique formulation containing 36 ingredients, including water, using the traditional ayurvedic science of Asavaarishta.;