Supreme Court: VAT is Not Applicable on Reliance’s Inter-State Gas Supply from KG Basin to UP  ||  Supreme Court: Co-Owner Can File Eviction Suit as Landlord under Bombay Rent Act  ||  Supreme Court: Mediclaim Reimbursement Cannot be Set off Against Accident Compensation  ||  SC: Hindu Succession Act 2005 Amendment Does Not Curtail Daughters’ Existing Inheritance Rights  ||  SC: Loans May be Treated as Deposits under MPID Act, Private Individuals as Financial Establishments  ||  Supreme Court: Preventive Detention Unwarranted When Ordinary Law Suffices to Maintain Order  ||  Supreme Court: Tenant’s Defence Cannot be Struck off Without Checking Wilful Rent Default  ||  Allahabad High Court: Disposing Non-Veg Food in Ganga May Hurt Hindu Religious Sentiments  ||  J&K&L High Court: Similarity With Police Dossier Alone Not Enough to Quash Preventive Detention  ||  Patna High Court: Convict on Bail Can Still Seek Premature Release    

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