Bombay HC: Insolvency Cannot be Used to Evade a Family Court’s Maintenance Order  ||  Kerala HC: Forklifts and Factory Cranes Are Motor Vehicles and Must be Registered under MV Act  ||  Guj HC: Edible Crude Palm Kernel Oil Qualifies for Duty Exemption; End-Use Condition not Applicable  ||  NCLAT Delhi: Advance under Land-Development MoU is not Financial Debt and Cannot Trigger CIRP  ||  NCLAT: NCLT Cannot Change Capital Structure of a Legally Compliant Successful Auction Purchaser  ||  Supreme Court: Endless Investigation and Long Delay in Filing Chargesheet Can Justify Quashing Case  ||  SC: Landowners Accepting Compensation Settlements Cannot Later Claim Statutory Benefits  ||  Supreme Court: Provident Fund Dues Have Priority over a Bank’s Claim under the SARFAESI Act  ||  Supreme Court: Indian Courts Cannot Appoint Arbitrators for Arbitrations Seated Outside India  ||  Madras HC: Police Superintendent not Liable For IO’s Delay In Filing Chargesheet or Closure Report    

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