Allahabad HC: Victim Compensation under POCSO Act Cannot be Withheld For Lack of Injury Report  ||  MP HC: Diverting Goods From Delivery Point is Misappropriation under S.407 IPC  ||  Delhi HC: Bar Associations are Not ‘State’ under Article 12 as They Do Not Perform Public Functions  ||  Delhi HC: Pending Probate Proceedings Do Not Prevent Filing FIR For Alleged Will Forgery  ||  Ker HC: Dismissal For Default Alone Cannot Justify Rejecting Restoration Plea For Lack of Vigilance  ||  SC: Disclosure Statements Alone Cannot Secure Conviction Without a Complete Chain of Evidence  ||  Supreme Court Orders Reporting of Student Suicides and Bans Denial of Classes or Exams  ||  SC: Govt Can Exclude Overqualified Candidates From Posts Requiring Lower Qualifications  ||  SC: Contracts to Hire Global Speakers For Media Summits are Not Taxable as Event Management Services  ||  SC: Mandatory Injunction Suit Alone is Not Maintainable When Plaintiff’s Title is Disputed    

Lupin Limited v. Eris Lifesciences Pvt. Ltd. and Ors. - (High Court of Bombay) (23 Dec 2015)

Trade mark ruling eases Lupin’s pressure

MANU/MH/3536/2015

Intellectual Property Rights

Bombay High Court granted a motion in favour of Lupin Limited, maker of ‘Nebistar’ line of medicines. It determined Lupin’s registered mark and ‘Nebistol’, manufactured by the Defendants, had “phonetic, visual and structural similarity”. The Court rejected Defendants’ submission that ‘-star’ and ‘-stol’ were distinct, making the marks themselves dissimilar. The Court reiterated that under the principles of comparison laid down, the question of deceptive similarity would be based on the average intelligence and imperfect recollection of an unwary purchaser. Both marks would have to be looked at in totality, and within the auspices of imperfect pronunciation, arising out of imperfect recollection and other fallibilities of the shopper.

Relevant : Durga Dutta Sharma v. Navaratna Pharma MANU/SC/0197/1964 Amritdhara Pharmacy v. Satya Deo Gupta MANU/SC/0256/1962 Section 11 Trade Marks Act, 1999

Tags : TRADE MARK   DIVISIBILITY   COMPARISON   PRONUNCIATION  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved