Pharma — India Trademark Cases
177 decisions indexed
Page 4 of 6 · 177 total
Centaur Pharmaceuticals Pvt Ltd v.BRD Medilabs & Anr
Centaur Pharmaceuticals Pvt Ltd filed a Commercial IP Suit against BRD Medilabs & Anr regarding trademark infringement. The court decreed the suit in specific terms, requiring the defendants to apply for the cancellation of their registered mark 'Sanaret Labs' and withdraw their service mark application within four weeks.
Centaur Pharmaceuticals Pvt Ltd v.Mhs Pharmaceuticals Pvt Ltd
Centaur Pharmaceuticals filed a Leave Petition against MHS Pharmaceuticals regarding the alleged infringement of its long-standing pharmaceutical trademark, SINAREST, by the Defendant's mark, SINARITE. The court granted the leave petition and directed both parties to file affidavits in reply and rejoinder within specified timelines.
Glenmark Pharmaceuticals Ltd v.Mankind Pharma Ltd
The plaintiff filed a suit for trademark infringement combined with passing off. The defendant challenged the court's jurisdiction, arguing that since both parties had offices in Delhi, the Bombay High Court lacked competence to hear the common law claim. The court rejected this submission, affirmed its jurisdiction under the Trade Marks Act, 1999, and made the Clause XIV Petition absolute.
Ajanta Pharma Limited v.Saphnix Life Science
Ajanta Pharma Limited filed an interim application seeking relief against Saphnix Life Science for alleged infringement of its registered trade mark, ARTEFAN. The court examined the evidence showing that the defendant was using an identical trade mark on similar pharmaceutical preparations. Based on the prima facie case established by the plaintiff, the ad-interim injunction was granted.
Shalina Laboratories Private Limited v.Floris Biotech LLP
The dispute involved Shalina Laboratories Private Limited challenging Floris Biotech LLP regarding the use of the trademark FLOCLAV. The parties reached a settlement, with defendants providing undertakings and submitting new labels that were deemed distinctly different from the plaintiffs' artwork/trade dress.
Gilead Sciences Ireland Inc. v.Union Of India & Ors.
The Delhi High Court ruled in favor of Gilead Sciences Ireland Inc., setting aside previous refusal orders regarding a trademark registration. The court found that the original orders violated Section 18(5) of the Trade Marks Act, 1999, because they failed to provide adequate reasons for refusing the application. This judgment underscores the mandatory requirement for IP authorities to furnish clear and reasoned decisions when rejecting an application.
Rallis India Limited v.Rallis Pharmaceuticals & Anr.
Rallis India Limited filed a suit against Rallis Pharmaceuticals & Anr. alleging infringement and passing off related to the use of the trade mark 'RALLIS' in medicinal preparations, website domains, and business names. The court decreed the suit, granting perpetual injunctions against the defendants and ordering them to transfer the infringing domain name.
Sun Pharma Laboratories Limited v.Madhusudan Pharmaceutical Agency and another
Sun Pharma Laboratories Limited filed a commercial IP suit against Madhusudan Pharmaceutical Agency and others alleging infringement of its registered trade mark 'PANTOCID-DSR'. The court granted leave under Clause XIV of the Letters Patent Act and passed an interim order restraining the defendants from dealing in products bearing the impugned trademark.
Elder Projects Ltd. & Anr. v.Elder Pharmacia Llp & Ors.
The Delhi High Court dismissed the suit filed by Elder Projects Ltd. against Elder Pharmacia LLP, finding that the claim of passing off lacked a genuine cause of action. The court relied heavily on evidence provided by the plaintiff's Managing Director, which revealed that the plaintiff had previously claimed rights over the 'ELDER' trademark based on mistaken advice and was not the registered proprietor. Consequently, the interim ex-parte injunction granted to the plaintiff was vacated, marking a significant setback for Elder Projects Ltd.
Sun Pharma Laboratories Limited v.Ankit Mishra
Sun Pharma Laboratories Ltd. filed a suit against Ankit Mishra and others alleging infringement of its registered trademark No. 1692705 (in class 5) by the use of similar marks like 'MONTEKET' or 'MONTEKET-LC'. The Bombay High Court decreed the suit, granting perpetual injunctions against the defendants for infringing the mark and passing off goods.
Sun Pharma Laboratories Ltd. v.Rainbow Life Sciences Pvt. Ltd.
The Bombay High Court passed an order granting leave to the petitioner and issuing a temporary injunction. The injunction restrained the respondent from dealing in medicinal preparations bearing the impugned trade mark "MONTEKAZ" or any deceptively similar mark, preventing passing off of the plaintiff's brand 'MONTEK'.
Sun Pharma Laboratories Ltd v.Rainbow Life Sciences Pvt Ltd
Sun Pharma Laboratories Ltd filed a Commercial IP Suit against Rainbow Life Sciences Pvt. Ltd. concerning trademark infringement related to pharmaceutical preparations. The Bombay High Court granted leave and issued an interim injunction restraining the defendant from using the impugned trade mark "MONTEKAZ" or any deceptively similar marks.
Wockhardt Limited v.Chematac Pharmaceuticals
Wockhardt Limited filed a Commercial IP Suit against Chematac Pharmaceuticals alleging passing off due to deceptively similar packaging. The court granted leave and passed an interim order restraining the defendant from using packaging that could mislead consumers into believing their product was associated with Wockhardt.
Sun Pharma Laboratories Ltd. v.Maxworth Pharma Pvt. Ltd.
Sun Pharma Laboratories Ltd. filed a suit against Maxworth Pharma Pvt. Ltd. regarding alleged trademark infringement concerning the medicinal preparation 'PANTOCID'. The Bombay High Court granted leave and further issued an ad-interim injunction restraining the defendant from using the deceptively similar trade mark "MAX PANTOCID" or any other similar marks.
Biofarma v.Bal Pharma Limited
The Delhi High Court dismissed Biofarma's suit against Bal Pharma Limited concerning passing off and trade dress infringement. The court found that the plaintiff could not claim exclusive rights over the term 'MEX' because it was an acronym ('Metformin Extended Release') derived from the principal drug ingredient, rendering it descriptive and publici juris in the pharmaceutical trade. Consequently, the defendant was permitted to continue using the mark without infringing on the plaintiff’s established brand.
Wockhardt Limited v.Torrent Pharmaceuticals Limited
The Supreme Court rejected Wockhardt Limited's appeal against a High Court Division Bench order that had granted an interim injunction based on passing off. The court found that the Division Bench correctly applied the triple test for passing off, establishing reputation and likelihood of confusion due to the minimal difference between the trade names. Despite arguments regarding acquiescence and prior conduct, the Supreme Court held that the balance of convenience favored the original judgment, thereby upholding the protection of Torrent's trademark.
Optimus Pharma Pvt Ltd v.Rishabh Lohia & Anr
The Delhi High Court ruled in favor of Optimus Pharma Pvt Ltd in a passing off suit against Rishabh Lohia & Anr. The court found that the defendants dishonestly adopted the trade name 'Optimus' for pharmaceutical products, causing confusion in the market. Consequently, the plaintiff was granted permanent injunctions and awarded punitive damages of ₹3,00,000/- due to the defendant's evasion of court proceedings.
Modi- Mundipharma Pvt. Ltd. v.Union Of India & Anr.
The Delhi High Court addressed a challenge to the Intellectual Property Appellate Board's (IPAB) decision to de-register the trademark 'FECONTIN' due to alleged non-use. The court found that the IPAB overlooked a crucial fact: 'FECONTIN' was registered as an associated mark of 'FECONTIN F'. Citing Section 55(1) of the Trade Marks Act, the High Court held that the use of an associated trade mark can be accepted as equivalent to the use of the primary mark. Consequently, the court set aside the IPAB's order and remanded the matter for a fresh hearing.
Ajanta Pharma Ltd v.Uas Pharmaceuticals Pty Ltd & Another
The Calcutta High Court ruled in favor of Ajanta Pharma Ltd in a case involving the trademark 'Sunstop' for sun-screen cream. The court found that Uas Pharmaceuticals Pty Ltd had deliberately attempted to pass off its similar product as belonging to Ajanta, exploiting the plaintiff's established market reputation and substantial sales figures. Consequently, the court granted a decree restraining Defendant No. 1 from continuing this dishonest practice.
Torrent Pharmaceuticals Limited v.Wockhardt Limited And Anr
The Bombay High Court addressed a Notice of Motion concerning an action in passing off brought by Torrent Pharmaceuticals against Wockhardt. The court analyzed the 'classical trinity' of passing off, focusing on misrepresentation and reputation. Ultimately, the judge found that Torrent failed to establish a prima facie case for passing off due to the long co-existence of the rival products without any demonstrated confusion or deception. Consequently, the interim injunction sought by Torrent was dismissed.
M/s. Eris Life Science Pvt.Ltd. v.M/s. Micro Labs Ltd
The Madras High Court ruled in favor of staying a trademark infringement suit when a rectification application concerning the registered mark is pending before the Intellectual Property Appellate Board (IPAB). The court clarified that the right to file for trademark rectification is a statutory right and cannot be curtailed by requiring prior leave or prima facie satisfaction from the civil court. Given the similarity between the marks and the pendency of the IPAB proceedings, the suit was stayed.
M/s. Eris Life Science Pvt.Ltd. v.M/s. Micro Labs Ltd
The Madras High Court ruled in favor of staying a trademark infringement suit when a rectification application concerning the registered mark is pending before the Intellectual Property Appellate Board (IPAB). The court clarified that the right to file for trademark rectification is a statutory right and cannot be curtailed by requiring prior leave or prima facie satisfaction from the civil court. Given the similarity between the marks and the pendency of the IPAB proceedings, the suit was stayed.
Roche Products (India) Pvt Ltd v.Drugs Controller General Of India
Roche Products, the originator of the biological drug Trastuzumab (marketed globally under HERCEPTIN®), filed a suit seeking injunction against competitors launching purported biosimilars like CANMAb and HERTRAZ. The plaintiffs contended that these drugs were being misrepresented as 'Trastuzumab' or similar to HERCEPTIN®, without following proper regulatory guidelines for biologics. The court issued an interim order, restraining the defendants from making misleading claims and using proprietary data until the final decision on bio-similarity is reached.
Sun Pharma Laboratories Limited v.Psycoremedies Ltd.
The civil suit was filed regarding the alleged infringement of a trademark. The parties subsequently entered into a Memo of Compromise, resolving all disputes between them.
Parul Homoeo Laboratory Pvt. Ltd. v.Royal Group
Parul Homoeo Laboratory Pvt. Ltd. filed a suit for permanent injunction and passing off against Royal Group regarding the use of similar trade marks ('HAEMOFORTE' vs 'HAEMO FORTE') in pharmaceutical preparations. The plaintiff claimed prior user rights, but the defendant challenged the court's territorial jurisdiction, arguing that its operations were based outside Delhi. The Court ultimately found that since neither party had a presence or cause of action arising within Delhi, it lacked the necessary jurisdiction to proceed with the suit.
Sun Pharmaceuticals Industries Ltd v.Midley Pharmaceuticals Limied
This Calcutta High Court case involves a passing-off dispute between Sun Pharmaceuticals and Midley Pharmaceuticals concerning the trademarks CARDIVAS and CARVAS. The court framed ten detailed issues, focusing on whether the plaintiff is the proprietor of CARDIVAS, whether the defendant's mark CARVAS is confusingly similar or an imitation, and ultimately, whether the defendant is engaging in passing off. The case was fixed for settlement of these complex trademark infringement claims.
M/S. Mankind Pharma Ltd. v.M/S. Mascot Drugs Pvt. Ltd.
Mankind Pharma Ltd. filed a suit against Mascot Drugs Pvt. Ltd. alleging infringement and passing off concerning their registered trademarks OMIDON and EMEDOM in pharmaceutical preparations. The plaintiff claimed that the defendant was using the deceptively similar mark 'OMEDO' to confuse consumers and erode goodwill. The court found in favor of the plaintiff, granting an injunction and damages.
Orchid Chemicals & Pharmaceuticals Ltd. v.Wockhardt Limited
Orchid Chemicals & Pharmaceuticals Ltd. appealed against the dismissal of its interim injunction application, alleging that Wockhardt Limited was infringing their registered trademark "METO" with "METOX". The court dismissed the appeal, holding that the appellant could not maintain the suit because the required assignment deed procedure under the Trade Marks Act, 1999, had not been completed.
Macleods Pharmaceuticals Ltd. v.Procare Laboratories Pvt. Ltd.
The Delhi High Court ruled in favor of Macleods Pharmaceuticals, finding that Procare Laboratories was engaging in passing off by using the name 'Procare' as part of its corporate identity. The court emphasized that for a passing-off action, trademark registration is not essential; rather, prior use and established goodwill are key. Given the defendant's deliberate absence from court proceedings, the court also awarded punitive damages to deter dishonest conduct.
United Biotech Pvt. Ltd. v.Orchid Chemicals & Pharmaceuticals Ltd
The Delhi High Court dismissed the appeal filed by United Biotech Pvt. Ltd., upholding the Intellectual Property Appellate Board's decision to remove its trademark FORZID from the register. The court found that the respondent, Orchid Chemicals & Pharmaceuticals Ltd, had successfully demonstrated a likelihood of confusion between their earlier registered mark ORZID and the appellant's mark FORZID in the pharmaceutical sector. This judgment reinforces the principle that even sophisticated buyers can be misled by deceptively similar marks operating in the same field.
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