Supreme Court: GPF Nomination in Favour of a Parent Becomes Invalid Once the Employee Marries  ||  Supreme Court: Candidate Not Disqualified if Core Subject Studied Without Exact Degree Title  ||  Supreme Court: Stamp Duty Relief for Co-Operative Societies Cannot Depend on Extra-Legal Verification  ||  Delhi High Court: Allegations of Forgery Alone Do not Bar NCLT From Examining Company Records  ||  J&K&L HC: Only Revenue Authorities Can Handle Agrarian Resumption; Civil Courts Cannot Intervene  ||  Delhi HC: CAPF Candidate's Height of 164.6 Cm Can be Rounded to 165 Cm; Rejection Prima Facie Illegal  ||  NCLT Mumbai: Bank Cannot Retain OTS Earnest Money After Accepting a Resolution Plan  ||  Supreme Court: Imminent Death Not Required For a Statement to Qualify as Dying Declaration  ||  SC: HC Cannot Grant Pre-Arrest Bail Without Quashing FIR; Accused Must Approach Sessions Court First  ||  SC: Agreed Interest Rate Cannot Be Challenged as Exorbitant; Arbitrator Cannot Override Contract    

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