Supreme Court: Ad Valorem Court Fees Apply to Appeals Seeking Statutory Land Acquisition Benefits  ||  Supreme Court: Cruise Voyages Remain Shipping Business under Section 44B Despite Onboard Services  ||  Supreme Court: People Abandon Cattle on Roads But Object to Their Use For Food  ||  Supreme Court Stays CIC Decision Declaring NSE Subject to the RTI Act  ||  SC: Wife May Be Denied Interim Maintenance if Husband Ex Facie Establishes Adultery  ||  SC: Prior Testimony is Inadmissible without Section 299 CrPC Order against Absconder  ||  Supreme Court: Administrative Action Can't Be Invalidated Solely for Lacking Formal Order  ||  Calcutta High Court: Section 141 NI Act Does Not Apply to Sole Proprietorships  ||  Orissa High Court Criticizes Magistrate for Defying Direction in Cheque Bounce Case  ||  Delhi High Court Safeguards Yuvraj Singh's Personality Rights, Orders Deepfake Takedown    

Sun Pharmaceuticals Industries Limited v. Cadila Healthcare Ltd. and ors. - (High Court of Madras) (03 Jun 2016)

Medicinal products should be clearly distinguishable

MANU/TN/0970/2016

Intellectual Property Rights

Public interest supports a lesser degree of proof showing confusing similarity in trade mark, even if two medicinal products are not identical or of the same chemical nature.

The petition, brought by Sun Pharmaceuticals, sought injunction against Cadila Healthcare’s use of the mark, ‘Venz’, which it claimed to be phonetically, visually and structurally similar to ‘Veniz’.

Sun Pharmaceuticals registered ‘Veniz’ for use medicines used in the treatment of depressive and psychotic disorders, in 2000. However, registration was limited solely to that word, and Sun was prevented from exclusive use of the word and any suffixes.

Granting injunction against Cadila’s use of ‘Venz' and similar marks, the court noted “drugs are poisons, not sweets”, and confusion between medicinal products would be life threatening. It added, “the frailty of human nature and the pressures placed by society on doctors, there should be as many clear indicators as possible to distinguish two medicinal products.”

Relevant : Beiersdorf A.G. vs. Ajay Sukhwani and Anr. MANU/DE/1631/2008 Cadila Health Care Ltd. vs. Cadila Pharmaceuticals Ltd. MANU/SC/0199/2001 Living Media India Ltd. & Anr. vs. M. Hussain & Ors. MANU/DE/2306/2013

Tags : PHARMACEUTICAL   TRADE MARK   CONFUSING SIMILARITY   DRUG NAMES  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved