Passing off and copyright infringement claims failed at the interim stage over pharmaceutical packaging get-up and prior adoption evidence.

A prima facie case for interim injunction was not established in a dispute over pharmaceutical carton and strip get-up. The Court assessed passing off on the pleaded cartons and strips, the alleged distinctive colour scheme and layout, and the parties' materials on prior use. It held that the plaintiffs could not expand the pleaded case in rejoinder to rely on an unpleaded triangular device, and that particulars of misrepresentation were not properly pleaded. As the defendants showed prima facie earlier adoption of the packaging, the foundation for passing off failed. The copyright infringement claim also failed at the prima facie stage for the same reasons.

---

---

Issues: Whether the plaintiffs made out a prima facie case for interim injunction on the grounds of passing off and copyright infringement in relation to the carton and strip get-up used for the pharmaceutical product.

Analysis: The claim was examined on the basis of the pleadings and the specific cartons and strips pleaded in the plaint. The plaintiffs' case was founded on the distinctive get-up, colour scheme and lay-out shown in the pleaded exhibits, while the defendants produced material indicating prior use of their cartons and strips before the plaintiffs' re-launch. The resemblance was assessed on broad and essential features, but the Court found that the plaintiffs could not shift their case in rejoinder to rely on a triangular device not pleaded in the plaint. Since particulars of misrepresentation had not been pleaded as required, and the defendants had prima facie shown earlier adoption of the impugned packaging, the foundation for passing off was not established. For the same reason, the claim of copyright infringement also failed at the prima facie stage.

Conclusion: The plaintiffs failed to establish a prima facie case for interim relief on either passing off or copyright infringement.

---