Medical — India Trademark Cases
3 decisions indexed
Page 1 of 1 · 3 total
Ardo Medical Ag v.Ms Sdb International And Anr.
Ardo Medical Ag successfully petitioned the Delhi High Court to rectify the Trade Marks Register, seeking cancellation of a conflicting trademark registered by Ms Sdb International. The court found that Respondent No. 1 engaged in bad faith and trade mark squatting by registering an identical mark despite Ardo's prior use and global registrations. Consequently, the Registrar was directed to remove the infringing trademark from the register.
Staar Surgical Company v.Polymer Technologies International & Ors
The Delhi High Court dismissed Staar Surgical Company's suit against Polymer Technologies International, which alleged passing off of intraocular lenses. The court found that the defendant's current trademark, 'EYEPCL,' was entirely distinct and not deceptively similar to the plaintiff's brand name, 'VISIAN ICL.' Despite previous interim injunctions granted on a different mark used by the defendants, the court ruled that the new mark failed to meet the test of confusion, especially considering the specialized nature of the medical goods.
Medivision Scan And Diagnostic ... v.Medivision-Ind Diagnostic Centre
The Kerala High Court overturned a trial court order that had denied an interim injunction in a passing off suit. The plaintiff, Medivision Scan And Diagnostic..., successfully argued that despite the common use of the name 'Medivision,' their established reputation and prior use in the specific locality (Mavelikara) warranted protection against the defendant's deceptively similar trade name, 'MEDIVISION IND.' The court emphasized that passing off rights are distinct from trademark registration rights, allowing it to grant immediate relief based on the likelihood of public confusion.
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