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MINI PUSHKARNA
Zydus Healthcare Limited – Appellant
Versus
Alder Biochem Private Limited – Respondent
JUDGMENT :
MINI PUSHKARNA, J:
I.A. 14145/2023 (Application under Order XXXIX Rules 1 & 2 read with Section 151 CPC, 1908)
1. The present application has been filed on behalf of the plaintiffs under Order XXXIX Rules 1 and 2 of Code of Civil Procedure, 1908 (“CPC”) seeking interim injunction for restraining the defendant from manufacturing, selling, offering for sale, advertising and/or promoting by using the mark/trade name “ALDER BIOCHEM” and any other mark/trade name/label/device that contains the trademark BIOCHEM.
2. The facts as pleaded by the plaintiffs, are as follows:
2.1 The present suit relates to the defendant’s adoption of the identical and deceptively similar mark “ALDER BIOCHEM” and the trade name “Alder Biochem Pvt. Ltd.” in relation to pharmaceutical goods, which amounts to infringement of the plaintiffs” registered trademark “BIOCHEM” under Section 29 of the Trade Marks Act, 1999 (“Trade Marks Act”), as well as passing off.
2.2 The trademark BIOCHEM (device) is registered in the name of plaintiff no.1 and is being used by the plaintiff nos. 1 and 3 on pharmaceutical products. The trademark BIOCHEM was coined and first adopted by the entity named, Biochem Pharmaceutical I
The use of a deceptively similar mark in the pharmaceutical industry can lead to confusion, warranting injunction to protect the registered trademark.
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 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.
Phonetic similarity between AZIWOK and AZIWAKE creates likelihood of confusion, warranting injunction to prevent trademark infringement.
Once the mark is registered, at an interlocutory stage, the Court would be loath to deny the registered trademark the statutory protection against infringement which Section 28(1) of the Trademarks A....
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