Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHARMILA U.DESHMUKH
Sun Pharmaceutical Industries Limited – Appellant
Versus
Meghmani Lifesciences Limited – Respondent
ORDER :
SHARMILA U. DESHMUKH, J.
1. The suit has been filed for infringement of trade mark and passing off.
2. The Plaintiff and Defendant No. 1 are pharmaceutical companies and Defendant No. 2 is the manufacturer of the impugned product for the Defendant No 1. The rival products are used for treatment of identical ailment i.e. heartburn and indigestion and have identical molecules namely Sodium Alginate, Sodium Biocarbonate and Calcium Carbonate sold in form of oral suspension/syrup.
PLAINTIFF’S CASE :
3. The grievance is as regards the infringement of the Plaintiff’s registered trade mark ‘RACIRAFT’ by the Defendant by use of its mark ‘EsiRaft’. The trade mark “RACIRAFT” was conceived and adopted by the Plaintiff in January, 2022 by arbitrarily combining the words ‘RACI’ which is misspelling of the word ‘RACY’ which suggest full of zest and vigour and ‘RAFT’ which means foam like formation caused by sodium alginate. The Plaintiff’s product used for treatment of heartburn and indigestion contains molecules namely Sodium Alginate, Sodium Bicarbonate and Calcium Carbonate and is sold in the form of oral suspension/ syrup. The Plaintiff applied for registration of its trade mark on 17th
The court ruled that the marks 'RACIRAFT' and 'EsiRaft' are not deceptively similar, thus denying the plaintiff's claim for trade mark infringement and passing off.
Pharmaceutical trademarks with shared descriptive suffix deceptively similar if phonetically alike when viewed as wholes; injunction on prima facie possibility of confusion mandatory, applying strict....
The burden of proof on an ex-employee defendant in a trade mark infringement case and the relevance of uncontroverted evidence, such as the Court Commissioner's report, in establishing deceptive simi....
The court affirmed that even slight phonetic and structural similarities between rival trade marks in the pharmaceutical industry can lead to confusion among consumers, warranting protection under tr....
The court held that the plaintiff has made out a prima facie case of infringement and granted an ad interim injunction restraining the defendant from using the mark NOVAEGIS or [IMG] in any form or m....
The court established that the rights of the prior user of a trademark are superior to those of a subsequent user, emphasizing the elements of goodwill, misrepresentation, and damage in passing off c....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
