Search Indian IP Case Law
Judgments of the Supreme Court and the High Courts on patents, trade marks, copyright, designs and geographical indications — organised by Act and section, each with a link to the judgment on the court’s website.
3 results
for “Pharmaceutical Trademark”
Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd.
In assessing deceptive similarity between trade marks for medicinal products, courts must apply a stricter standard than for ordinary goods because confusion can endanger public health, having regard to the nature of the marks, th…
Deceptive SimilarityPassing OffPharmaceutical TrademarkPhonetic SimilarityTrade MarksMilmet Oftho Industries & Ors. v. Allergan Inc.
In a passing off action concerning medicinal products with identical marks, prior use in the world market can prevail over a domestic company's later domestic use, since pharmaceutical trade and medical literature are internationa…
Deceptive SimilarityPassing OffPharmaceutical TrademarkPrior UserTrade MarksSun Pharma Laboratories Ltd. v. Finecure Pharmaceuticals Ltd. & Ors.
Mere delay in approaching the Court is not, by itself, sufficient to refuse an injunction, particularly in the pharmaceutical field where confusion between similar marks may also affect public interest.
Deceptive SimilarityDelayInterim InjunctionPANTOCID