Back
BOMBAY HIGH COURT
Not stated, J
Lupin Limited v. Eris Lifesciences Private Limited and Others
| Table of Content |
|---|
| 1. plaintiff's mark nebistar is registered and used. (Para 1 , 2 , 3 , 4) |
| 2. plaintiff claims infringement and passing off. (Para 5 , 6 , 10) |
| 3. defendant argues plaintiff hasn't used nebistar. (Para 9 , 12) |
| 4. defendant's contention on statutory rights and use. (Para 11) |
| 5. likelihood of confusion in pharmaceutical products. (Para 20 , 21 , 22) |
| 6. court rules on deceptive similarity of marks. (Para 30 , 31 , 36) |
| 7. court orders injunction against defendant. (Para 37) |
1. The Plaintiff - Lupin Limited has alleged that the Defendants and others are committing acts of infringement, passing off and unfair trading by using the impugned mark “NEBISTOL”, which mark is identical with and / or deceptively similar to the Plaintiff's earlier adopted and registered trademark “NEBISTAR”. The present Suit is filed by the Plaintiff to prevent acts of infringement, passing off and unfair trading. By the present Notice of Motion, the Plaintiff has inter alia sought an order of injunction against the Defendants from manufacturing and marketing any medicinal preparations / products by using the mark NEBISTOL.
2. According to the Plaintiff, the Plaintiff i.e. Lupin Limited, is the registered p
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
