Pharma — India Trademark Cases
177 decisions indexed
Page 3 of 6 · 177 total
Sun Pharma Laboratories Ltd v.B.B. Mohan Kumar Trading As East West Pharma & The Registrar of Trademarks
The Madras High Court dismissed the rectification petition filed by Sun Pharma Laboratories Ltd against Trademark No. 1764708. The court noted that the trademark in question had expired on December 17, 2018, and was not subsequently renewed. Consequently, the petitioner's request to remove the entry from the register became infructuous.
Kilitch Drugs (India) Limited v.Zee Laboratories Limited
The Plaintiff, Kilitch Drugs, sought an interim injunction and relief for passing off against the Defendant, Zee Laboratories. The dispute centered on the alleged infringement of the Plaintiff's registered trademarks (KILITCH and KILITCH SRO) in pharmaceutical preparations by the use of the impugned mark KILITH/KILITH SRO.
Mankind Pharma Limited v.Shrinivas (Gujarat) Laboratories Pvt. Ltd.
Mankind Pharma Limited filed a suit against Shrinivas (Gujarat) Laboratories Pvt. Ltd., alleging that the latter was manufacturing and selling medicinal preparations under the deceptively similar trademark ZONFLOX, infringing on Mankind's registered trademark ZENFLOX. The court found the marks to be visually, phonetically, and structurally similar, leading to confusion among consumers.
Dr.Reddy S Laboratories Ltd v.Ancalima Lifesciences Limited And Ors
The Delhi High Court addressed an application seeking to frame additional issues and consolidate a related trademark rectification petition into the ongoing passing off suit. The court noted that since the challenge to the defendant's trademark validity was already pending in a separate rectification case, there was no need to frame new issues in the current suit. Consequently, the court ordered the consolidation of the rectification petition with the present suit to ensure unified trial proceedings before the Joint Registrar.
Nivaran Herbal Pvt. Ltd. v.Registrar of Trademarks
The Madras High Court allowed a petition filed by Nivaran Herbal Pvt. Ltd. seeking the removal of the trademark 'KHANSI NIVAARAN' (Registration No. 1740206). The court found that the cancellation was mandated by a prior compromise order reached between the parties in C.S.No.644/2011. Consequently, the Registrar of Trademarks was directed to take all necessary steps to expunge the mark from the register.
Mankind Pharma Limited v.Arvind Kumar Trading And Anr.
The Delhi High Court allowed Mankind Pharma Limited's petition seeking the removal of the trademark 'NIKIND'. The court found that 'NIKIND' was confusingly similar to the petitioner's established family of marks, including 'NIMEKIND', and that its registration should be cancelled under Section 57 of the Trademarks Act. Furthermore, the judgment noted a lack of bonafide use and continuous non-use of the impugned mark for five years, leading to its removal under Section 47.
M/s Rockmed Pharma Pvt. Ltd. v.M/s Nukind Healthcare & Anr.
The suit was filed under Section 27 of the Trade Mark Act against M/s Nukind Healthcare and others, alleging that they were passing off pharmaceutical products under the identical trademark 'KETOGOLD'. The plaintiff established extensive use, goodwill, and reputation of the mark. The court decreed the suit in favor of the plaintiff.
Toasha Agencies And Another v.Siddhant Choudharyand Anr.
The Delhi High Court framed a comprehensive set of issues in the trademark passing-off suit filed by Toasha Agencies against Siddhant Choudhary and others. The core disputes revolve around whether the plaintiffs are lawful proprietors of the 'TOASHA' trade name, if they possess distinctive goodwill, and crucially, whether the defendants have engaged in passing off or unfair competition. The court directed both parties to file their lists of witnesses and evidence, setting the stage for a full trial.
Laboratoires Expanscience v.Seagull Pharmaceuticals Pvt Ltd
The Delhi High Court allowed a petition filed by Laboratoires Expanscience seeking the rectification of the trademark register. The plaintiff argued that the defendant's registration of the word mark 'MUSTELA' in Class 5 (pharmaceutical preparations) infringed upon its own prior, registered rights in Class 3 (non-medicated skin care). Crucially, the respondent agreed to relinquish the mark and cooperate with its deletion. Consequently, the Court directed the removal of the impugned registration, rectifying the register accordingly.
Consitex S.A. v.Sharad Rampal Jain And Sudeep Gautamchand Dhing Trading As Siesta Pharmaceuticals & 1 other(s)
The Gujarat High Court disposed of the Rectification Application (C/RA/50/2022) filed by Consitex S.A. The application sought action regarding a trademark, but the petitioner subsequently informed the court that the trademark in question had already been removed by the Registry. Consequently, the court allowed the withdrawal of the application.
Sun Pharma Laboratories Ltd v.Intas Pharmaceuticals Limited & Anr.
The plaintiff sought an interim injunction against the defendants for alleged infringement and passing off of its medicinal goods under the marks 'SITARED' and 'SETARET', claiming similarity with the defendant's mark 'SITARA-D'. The court found that prima facie, the two marks were not phonetically or visually similar, and dismissed the application for an interim injunction.
Gland Pharma Ltd. v.Akums Drugs And Pharmaceuticals Limited & Anr.
Gland Pharma Ltd. filed a rectification petition against Akums Drugs And Pharmaceuticals Limited, seeking cancellation of the Respondent's trademark 'CLINDIUM'. The Petitioner claims prior use and ownership of the similar mark 'CLINDUM' in pharmaceutical preparations. While the court condoned the delay in filing the petition and ordered the summoning of relevant records, it denied an immediate interim stay on the impugned trademark due to its existing registration status. The matter is now scheduled for further pleadings.
M/S Vee Excel Drugs & Pharmaceuticals (P) Ltd. v.Union Of India & Others
The Delhi High Court dismissed the petition filed by M/S Vee Excel Drugs & Pharmaceuticals challenging an IPAB order that directed the cancellation of its registered trademark 'VEGA ASIA'. The court upheld the IPAB's finding regarding prior use by the respondent, noting that while the petitioner argued for earlier adoption and assignment rights, the evidence presented by the respondent was sufficient to establish their claim of user since 2001. This ruling underscores the strict adherence required when challenging rectification orders before a High Court.
Merck Sharp And Dohme Corp v.Mr. Mahaveer Chand
The contempt petition was filed by Merck Sharp And Dohme Corp alleging non-compliance with a previous court order and settlement agreement concerning patent IN' 816. The petitioner claimed that the respondent continued dealing in products covered by the patent, specifically generic versions of Sitagliptin Phosphate Monohydrate. The Court directed the respondent to file an affidavit with an unconditional apology.
PNB Vesper Life Science Pvt. Ltd v.The Controller General of Patents, Designs & Trademarks
PNB Vesper Life Science Pvt. Ltd challenged the Controller General of Patents' order that deemed its patent application, relating to novel Cholecystokini Receptor Ligands, as abandoned. The petitioner argued that the abandonment was based on procedural failures and clerical errors by agents, not due to lack of interest in the invention. The Madras High Court acknowledged the violation of timelines but emphasized principles of natural justice, ultimately restoring the application for fresh consideration.
Lyka Labs Limited v.Lyka Biotech Private Limited
The petitioner, Lyka Labs Limited, filed an Interim Application against Lyka Biotech Private Limited for infringement of its trademark 'LYKA' and passing off. The court accepted the defendant's statement that it had discontinued using the impugned mark and domain name. Consequently, the court passed a temporary injunction restraining the respondent from using similar marks in relation to pharmaceutical products.
Sun Pharma Laboratories Limited v.Walpar Healthcare And Anr.
Sun Pharma Laboratories Limited filed an Interim Application against Walpar Healthcare & Anr. alleging passing off and trademark infringement concerning their respective marks, DUZELA and DIZELA. The court found a case made out for granting ad-interim relief based on the findings of the previous order.
Syncom Formulations (I) Ltd v.Cratus Pharma Limited
Syncom Formulations (I) Ltd filed a Commercial IP Suit against Cratus Pharma Limited alleging infringement of its registered trade marks ("CRATUS" and "CRATUS LIFE CARE"). The parties subsequently reached an amicable settlement, which was accepted by the court.
Toasha Agencies And Another v.Siddhant Choudharyand Anr.
The Delhi High Court framed a comprehensive set of issues in the trademark passing-off suit filed by Toasha Agencies against Siddhant Choudhary and others. The core disputes revolve around whether the plaintiffs are lawful proprietors of the 'TOASHA' trade name, if they possess distinctive goodwill, and crucially, whether the defendants have engaged in passing off or unfair competition. The court directed both parties to file their lists of witnesses and evidence, setting the stage for a full trial.
Galpha Laboratories Limited v.Shivansh Shrivastava
The Plaintiff, a pharmaceutical company, filed an opposition against the Defendant's application for the trade mark BFOLIN. The court examined the similarity between the established mark B-COLEN and the proposed mark BFOLIN. Satisfied that there is a prima facie case of likelihood of confusion, the court granted an ad-interim injunction.
Pfizer Inc & Ors v.Triveni Interchem Private Limited & Ors
The plaintiffs, holding patent IN 218291 for Palbociclib, filed an application seeking interim relief against the defendants who were allegedly manufacturing, marketing, and selling infringing products online. The court found prima facie evidence of infringement and passed several ad interim injunctions restraining the parties from further dealing in the patented product.
SaNOtize Research and Development Corp. v.Lupin Ltd
SaNOtize Research and Development Corp. filed suit against Lupin Limited alleging infringement of its Nitric Oxide Releasing Solution (NORS) technology, breach of confidentiality, and copyright infringement related to its nasal spray product, NONS/ENOVID. The dispute centers on the use of a proprietary dual-chamber delivery system for nitric oxide in medical treatment. The court granted an interim prohibitory injunction against Lupin's Indian arm and manufacturer.
Franco Indian Pharmaceuticals Pvt Ltd v.Healthyraj Wellness Enterprises & Anr
The Plaintiff, a pharmaceutical company, sought an interim injunction against the Defendants for using the competing mark DIABIT. The court found that the Defendants' mark was structurally, visually, and phonetically almost indistinguishable from the Plaintiff's registered mark DIAVIT, leading to a significant likelihood of confusion.
Lupin Limited v.Celon Laboraatories Private Limited
Lupin Limited sought an urgent interim injunction in the Bombay High Court against Celon Laboraatories Private Limited for alleged trademark infringement and passing off. The dispute centered on the use of the mark BIVASSA by the defendant, which was deemed deceptively similar to the plaintiff's registered anti-cancer drug mark BEVAZZA. The court found a sufficient prima facie case and granted an ad-interim injunction.
Sun Pharma Laboratories Limited v.Salud Care (India) Private Limited
Sun Pharma Laboratories Limited filed an interim application alleging that Salud Care (India) Private Limited was manufacturing and marketing a pharmaceutical preparation under the mark PROLOMEK, which was confusingly similar to Sun Pharma's registered trademark PROLOMET. The court found a prima facie case of infringement and passing off.
Sun Pharma Laboratories Limited v.Nova Indus Pharmaceuticals And Anr
Sun Pharma Laboratories Limited filed a commercial IP suit alleging trademark infringement and passing off against Nova Indus Pharmaceuticals. The court examined the extreme phonetic and structural similarity between the marks PANTOCID and PANZOCID, finding that there was a sufficient prima facie case.
Franco-Indian Remedies Pvt Ltd v.Unihelix Biotech Pvt Ltd
The Plaintiff filed a suit for trademark infringement and passing off regarding its mark FINATE used in cholesterol control formulations. The Defendant was using the mark FERINATE XT. The Court found a prima facie case due to the confusing similarity between the marks, leading to an interim injunction favoring the Plaintiff.
Fdc Limited v.Shripal Mangalchand Jain
Fdc Limited filed a Commercial IP Suit against Shripal Mangalchand Jain regarding trademark infringement. The dispute centers on FDC's mark PYRIMON (used for anti-bacterial isolation) versus the Defendant's mark PRIMON-N (used for birth control pills and menopausal hormone therapy).
Ajanta Pharma Limited v.Uniray Life Sciences
Ajanta Pharma Limited filed an interim application alleging that Uniray Life Sciences was using the competing mark ACNO GEL, which infringed upon Ajanta's registered trademarks (ACNO and ACNO-C) used for acne treatment. The court found a sufficient prima facie case and granted an ad-interim injunction.
Laboratories Griffon Pvt Ltd v.Ramesht Industry Pvt Ltd
The Plaintiffs, Laboratories Griffon Pvt Ltd, filed a suit alleging trade mark infringement and passing off against the Defendants, Ramesht Industry Pvt Ltd. The dispute centers on the use of identical or confusingly similar marks (GLIMET, GLIMET-1, GLIMET-2) for pharmaceutical products used in treating diabetes. The Court found a prima facie case and granted an ad-interim injunction.
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