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NAVIN CHAWLA
Modi-mundipharma Pvt. Ltd. – Appellant
Versus
Preet International Pvt. Ltd. – Respondent
JUDGMENT
1. This suit has been filed by the plaintiff praying for the following reliefs:
"a) An order for permanent injunction restraining the Defendants, its partners or proprietor, as the case may be, its offices, servants, and agents from reproducing on the label or packaging of their product, the trademark FEMICONTIN or any other trademark deceptively similar to the Plaintiffs trademark FECONTIN-F or from using the Plaintiffs registered trademark CONTIN amounting to an infringement of the Plaintiff's registered trademarks bearing No. 518596 & 518594 respectively in class 5.
b) An order for Permanent Injunction restraining the defendants, its partners or proprietor, as the case may be, its offices, servants, and agents from manufacturing, selling, offering for sale advertising, directly or indirectly dealing in medicinal and pharmaceutical preparation in packaging bearing Trademark FEMICONTIN which is identical or deceptively similar to the Plaintiff's CONTIN series of marks and the trademark FECONTIN-F or from doing any other act which would amount to passing off of the Defendant's goods or business as the goods and business of the Plaintiff.
c) An order for delivery up of all th
The court emphasized that the likelihood of confusion due to phonetic, visual, and structural similarities between registered trademarks is critical, particularly in the pharmaceutical industry, warr....
The court found that despite phonetic similarity, the distinctiveness of trade marks and differences in intended consumer bases negate the likelihood of confusion and passing off.
Important Point :The use of a trademark that is phonetically and visually similar to a registered trademark can lead to confusion, constituting infringement, especially when dishonest conduct is evid....
The use of the impugned marks EYESITE/Fig.2 and KL (Label) by the Defendants is likely to cause confusion and deception, thereby constituting infringement of the Plaintiffs' registered trademarks und....
The use of a deceptively similar mark in the pharmaceutical industry can lead to confusion, warranting injunction to protect the registered trademark.
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....
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