SC Halts NCDRC Order Granting Compensation to Rajasthan Royals for Sreesanth, Citing No Match Played  ||  SC Warns TN Police Media Statements May Affect Impartiality of Karur Stampede Probe  ||  SC: Challenge to State Consent for CBI Probe Must be Raised Soon After FIR  ||  SC: Magistrates Can Order Voice Samples From Witnesses, Not Just Accused, No Article 20(3) Breach  ||  Orissa HC: Informant Can be Made Accused if Involved, No Separate FIR Needed  ||  Gujarat HC Directs CBDT to Extend ITR Filing Deadline to Nov 30 for Audit Assesses  ||  Bombay HC Awards ?6 Lakh for Pothole Deaths, Urges Accountability for Civic Bodies  ||  Delhi HC: Call Records & Locations Admissible under NDPS Act If Privacy is Protected  ||  Delhi HC: Trial Court Barred from Reopening Limitation Once HC Condoned Delay  ||  Delhi High Court: Tenant Cannot Dispute Landlord's Title During Tenancy    

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 2025 - All Rights Reserved