Manufacturer Can't Claim Exclusivity Over Trade Mark When It Is Derived From Principal Ingredient Of Drug: Delhi HC Dismisses Sun Pharma's Appeal
2 years, 3 months ago

Manufacturer Can't Claim Exclusivity Over Trade Mark When It Is Derived From Principal Ingredient Of Drug: Delhi HC Dismisses Sun Pharma's Appeal

Live Law  

The Delhi High Court recently rejected an appeal by Sun Pharma, claiming that Hetero Healthcare's drug used to treat advanced breast cancer had infringed its trademark. The appellant, Sun Pharmaceutical Laboratories Ltd., challenged an order by the Commercial Court dismissing its application under Order 39 Rules 1 & 2 of the Code of Civil Procedure, 1908 and filed a suit, alleging infringement of its trademark 'LETROZ' and passing off and seeking a decree of permanent injunction restraining the respondent from using the brand 'LETERO,' in respect of the pharmaceutical product in question. The Commercial Court has held that it is apparent that the mark adopted by SUN is nothing but the first six letters of the INN. It is apparent that both SUN and HETERO are using their marks, which are derived from the INN 'LETROZOLE', which is descriptive of the active ingredient of the drug, that is, 'LETROZOLE'" The High Court concurred with the view of the Commercial Court that prima facie, there is little possibility of confusion or deception in the drug's purchaser's mind.

Trade Court Trademark Sun Held Drug Mark Inn Adopted Sun Pharma Its Trademark Hetero  inn  pharmas  trademark  adopted  mark  commercial  trade  held  letters  manufacturer  hc  hetero  court  principal  drug  ingredient  dismisses  exclusivity

History of this topic

Delhi High Court Restrains Manufacturers From Selling Cosmetic Products Using Similar Packaging Of 'Blue Heaven'
11 months, 2 weeks ago

Delhi High Court Restrains Manufacturers From Selling Cosmetic Products Using Similar Packaging Of 'Blue Heaven'

Live Law  

The Delhi High Court recently restrained two manufacturers from selling cosmetic products under the mark 'Namo Navkar' using imitative and identical packaging of Blue Heaven's eyeliner, mascara and kajal. Justice Prathiba M Singh observed that the use of identical artwork and packaging is likely to create deception amongst the consumers that the products of the two manufacturers also emanate. Justice …

Confusion In Health & Wellness Products Must Be Avoided: Delhi High Court Grants Permanent Injunction In Favour Of Modicare’s “WELL” Marks
1 year, 2 months ago

Confusion In Health & Wellness Products Must Be Avoided: Delhi High Court Grants Permanent Injunction In Favour Of Modicare’s “WELL” Marks

Live Law  

The Delhi High Court recently decreed a suit filed by Modicare Limited against 4 defendants for identically copying their product names and adopting deceptively similar trade dress. The Delhi High Court had earlier granted an ex-parte ad-interim injunction in favour of Modicare’s registered label and word marks, considering especially that its ingestible products related to health and nutrition. Taking cue …

'Sun Pharma' Gets Status of 'Well-known Trademark' from Delhi High Court
1 year, 11 months ago

'Sun Pharma' Gets Status of 'Well-known Trademark' from Delhi High Court

News 18  

The Delhi High Court has recently granted ‘Sun/Sun Pharma/Sun Pharmaceuticals​’ the status of a ‘well-known trademark’. A bench of Justice Amit Bansal opined that Orison Pharmaceuticals was using trade names ‘Orison/Orison Pharma/Orison Pharmaceuticals’, which are similar to Sun’s trade names ‘Sun/Sun Pharma/Sun Pharmaceuticals’. The order has been passed in a plea filed by Sun Pharmaceutical Industries Ltd through advocate Sachin …

Test For Comparing Trademarks Of Medicinal Products Far Stricter As Any Confusion Would Result In Public Injury: Delhi High Court
2 years, 1 month ago

Test For Comparing Trademarks Of Medicinal Products Far Stricter As Any Confusion Would Result In Public Injury: Delhi High Court

Live Law  

The Delhi High Court has said that the test for comparison of two trademarks related to medicinal products needs to be far stricter than the one applied to other goods, as any confusion in the same would result in public injury.Justice Navin Chawla made the observation while granting ad interim injunction in favour of FDC Limited, a pharmaceutical company, in …

When Defendant's Trademark Is Identical To Plaintiff's Registered Trademark & Their Goods Or Services Are Identical, Confusion In Public Shall Be Presumed : Supreme Court
2 years, 11 months ago

When Defendant's Trademark Is Identical To Plaintiff's Registered Trademark & Their Goods Or Services Are Identical, Confusion In Public Shall Be Presumed : Supreme Court

Live Law  

The Supreme Court observed that, in an action for infringement, when the trade mark of the defendant is identical with the registered trade mark of the plaintiff and that the goods or services of the defendant are identical with the goods or services covered by registered trade mark, the Court shall presume that it is likely to cause confusion on …

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