MOO T

PROPOSITION
The Republic of Mindia is a country in South Asia with a diverse culture. The country
gained independence in 1947, and the constitution was adopted on 26 November 1949
and was enacted on 26 January 1950. The Republic of Mindia is a diverse and
progressive country that guarantees rights in all aspects, such as the rights of the
accused, trademark rights, and corporate rights. Consequently, the Republic of Mindia
has distinct legislation for various issues that companies or the corporate world may
encounter.

Amazing Lifestyle Pvt. Co. Ltd., a reputable pharmaceutical company, was established
in 1999 and has its registered office located in the bustling area of Moida, Mradhesh. The
company specializes ina diverse range of products, including pharmaceuticals,
phytopharmaceuticals, herbal medicines, and various healthcare items aimed at
improving overallwell-being.

In November 2020, Amazing Lifestyle was proud to market its sanitary napkins under
the trademark "TADAFREE", although the product has been available in the market since
2018. This brand name has been officially registered in Class 5, which covers goods
related to pharmaceuticals and hygienic products. The consistent and strategic use of
the TADAFREE mark has playeda crucial role in establishing a strong presence in the
market and building substantial goodwill among consumers. The brand is recognized for
its commitment to quality and reliability, making it a preferred choice for many
customers seeking effective and trustworthy sanitary solutions. Furthermore, a significan
portion of the brand's sales- approximately 70 % - are generated through e-commerce
channels.

Fantastic Pharma Pvt.Co. Ltd is a pharmaceutical conmpany that operates in a manner

similar to Amazing Lifestyle Pvt. Co. Ltd. Established in 1995, the company is
headquartered in Mucknow, Mradhesh.

In January 2021, Fantastic Pharma Pvt. Co. Ltd submitted an

application for the trademark "TADALFREE" in Class 5, which
pertains to pharmaceutical preparations. The trademark
application claims that the product has been in use since 2017.
"TADALFREE" is marketed as an innovative erectile dysfunction
remedy, utilizing Tadalaf1l, a salt known for its therapeutic
benefits. Amazing Lifestyle Pvt. Co. Ltd. opposed the aforesaid application,
stating that 'sanitary napkins' and 'medicinal tablets' will cause confusion
in the market. They argue that the products involved-sanitary napkins
and medicinal items-exhibit a level of similarity that could mislead
consumers and create confusion in the marketplace. As of now, the
application for the trademark remains pending, and the company has not
yet secured official registration for "TADALFREE" This delay could impact
the company's ability to fully capitalize on its product in the competitive
pharmaceutical market.
Amazing Lifestyle Pvt. Co. Ltd and Fantastic Pharma Pvt. Co. Ltd are both innovative
companies at the forefront of technology in their industries. They operate user-friendly
websites that not only showcase their extensive range of products but also facilitate
direct online purchases for customers. Their massive advertising efforts have resulted in
an increase in product sales. Thanks to their commitment to quality and customer
satisfaction, both companies enjoyed remarkable growth and established a strong
presence inthe market. However, this success led toa controversial dispute between
them regarding TADAFREE, a product that has become the focal point of their rivalry.
tension that has drawn considerable attention within the industry.

lt is noteworthy that Amazing Lifestyle Pvt. Co. Ltd. currently possesses 10O registered
trademarks for TADAFREE, with registrations in both Class 3 (which typically includes
cOsmetics and personal care products) and Class 5 (which encompasses
pharmaceuticals and medical preparations), with five registrations in each class.
Furthermore, there are many other applications related to this mark that are stillunder
review.

In November 2024, Amazing Lifestyle Pvt. Co. Ltd uncovered a troubling situation where
products branded as "TADALFREE" were being sold in various medicinal shops,
potentially infringing on their brand rights.Furthermore, it was alleged that Fantastic
Pharma Pvt. Co. Ltd. intentionally chose the name 'TADALFREE' to exploit the search
engine optimization (SEO) benefits associated with the established brand name. In
response to the unauthorized marketing, Amazing Lifestyle Pvt.Co. Ltd swiftly fled an
njunction lawsuit in the Maridabad House Court to stop the distribution of these products,
as this information was obtained in Maridabad, Mayana. The court responded favourably.
granting an ex-parte injunction that temporarily prohibited the sale of "TADALFREE" until
Further review.

However, upon learning of the injunction, Fantastic Pharma Pvt. Co. Ltd, a competing
company. took steps to challenge the ruling. They approached the HonourableHigh Court
Pandigarh, arguing that Amazing Lifestyle Pvt. Co.Ltd had failed to disclose a crucial user
affidavit that was backed by relevant invoices which were filed by Fantastic Pharma Pvt.
o. Ltd. in its trade mark application before Trade Mark Registry. This omission raised
oncerns about the integrity of the application for the injunction. It
vas also found out by Fantastic Pharma Pvt. Co. Ltd. that in one of
mazing Lifestyle Pvt. Co. Ltd. oldest applications in class 5 for
egistration of trademark TADAFREE, a third-party pharmaceutical
ompany called Superb Pharmaceuticals Pvt. Co. Ltd. had
pposed the said application, where in defence, Amazing
ifestyle in its counter statenment took the stand that 'Medicinal
oblet' and 'Sanitary Napkins' are not similar product and wil
ot cause confusion. On the basis of such a statement, the first registration
f the trademark TADAFREE was obtained.

mazing Lifestyle Pvt. Co. Ltd and Fantastic Pharma Pvt. Co. Ltd have
ached a mutualagreement to vacate the injunction after Amazing
festyle admitted to unintentionally concealing an affidavit related to the
oncealment of an invoice and user affidavit.
ne case willnow proceed to the Honourable High Court Pandigarh to
solve the remaining issues, including:
 the
- Injunction: Amazing Lifestyle's request to prevent Fantastic Pharma from using
TADALFREE name.

- Compensation: Amazing Lifestyle's claim for damages incurred due to the lawsuit and
unauthorized use and sharing of its brand name, which allegedly caused harm to its
reputation and business.

Trademark Registration: Amazing Lifestyle's objection to Fantastic Pharma's registration

of the TADALFREE trademark.

The Honourable High Court has agreed to hear the matter on the following issues
1.Whether Fantastic Pharma Pvt. Co. Ltd's trade mark infringes upon the registered trade
mark of Amazing Lifestyle Pvt. Co. Ltd? Whether FPPLs use of "TADALFREE" constitutes
passing off and trademnark dilution?

2.Whether the co-existence of "TADAFREE" and "TADALFREE" can mislead consumers.

violating Section 2(47)of the Consumer Protection Act, 2019?

3.Whether FPPLs online marketing strategy constitutes unfair competition? Whether

ALPCL's domain name acquisitions amount to cybersquatting?

4.Whether ALPCLS extensive trademark registrations createa monopolistic barrier under

Section 4 of the Competition Act, 2002? Whether FPPL can claim ALPCLs actions are
anti-competitive and hinder market entry?

INSTRUCTIONS:

1.The laws of Mindia are pari materia to the laws of India.

2.The details of this Moot Proposition are entirely hctional and intended solely
for academic purposes.

3.The participants are not required to frame any additional issue, whereas they
are free to frame any sub-issues on the given issues.