Delhi HC: Non-Proof of Hearing Notice Dispatch Doesn’t by Itself Show no Personal Hearing Was Given  ||  Delhi High Court: No Construction or Residence Allowed on Yamuna Floodplains, Even For Graveyards  ||  J&K High Court: Right to Speedy Trial Includes Appeals; Closes 46-Year-Old Criminal Case Due to Delay  ||  J&K High Court: Courts Must Not Halt Corruption Probes, Refuses to Quash FIR  ||  J&K&L HC: Matrimonial Remedies May Overlap, But Cruelty Claims Cannot be Selectively Invoked  ||  Delhi High Court: Customs Officials Acting Officially Cannot be Cross-Examined as of Right  ||  J&K&L HC: Second Arbitral Reference is Maintainable if Award is Set Aside Without Deciding Merits  ||  J&K&L HC: Gold Voluntarily Given to Customer is 'Entrustment'; Theft Excluded from Insurance Cover  ||  Delhi HC: Working Mothers Cannot be Forced to Bear Full Childcare Burden While Fathers Evade Duty  ||  J&K&L HC: Arbitral Tribunal Not a “Court”; Giving False Evidence Before it Doesn’t Attract S.195 CrPC    

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 2025 - All Rights Reserved