News detail

19
Jun
2019

Trademark: Setback for Ajanta pharma ltd.

In a case of dispute between Sun Pharma Laboratories Ltd.(Plaintiff) and Ajanta Pharma ltd.(Defendant), Sun Pharma filed a suit for infringement and passing off of their Trademark GLOEYE by the defendant using trademark GLOTAB.
Both the products are ocular medicines used by patients of age related dimness of vision and diabetic retinopathy and due to their contents and composition they are termed as Nutraceuticals, hence, governed by Food Safety and Standards Regulations, 2011 & Food Safety and Standards Regulations, 2016.
It was submitted that since the defendant also being registered proprietor of the mark GLOTAB, no interim injunction was entertained initially also benefit of doubt was not given to the defendant as the defendant was well aware of the plaintiff’s well-known trademark GLOEYE.
Though both the trademarks were registered and used for same ailment, fail to have identical composition and this enhances the confusion in products and both the marks share the same main prefix GLO so the principles laid down in Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd. were followed but the judgement was not applied.
Further it was submitted that though the trademark authorities did not consider both the marks similar, it was held that dissection of the two marks is impermissible and parameters to analyse any case of passing off and infringement for Nutraceuticals is to be kept on equal foot with pharmaceuticals.
Thus considering the safe consumption of medicinal preparations, high court, Delhi, passes the orders for interim injunction restraining the defendant, Ajanta Pharma limited from selling any medicinal preparation under the trademark GLOTAB or any mark similar to plaintiff’s mark GLOEYE.

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