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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHARMILA U.DESHMUKH
Sun Pharmaceutical Industries Limited – Appellant
Versus
Meghmani Lifesciences Limited – Respondent
| Table of Content |
|---|
| 1. infringement of trademark and passing off (Para 1 , 2) |
| 2. plaintiff's case and defendant's similarity issues (Para 3 , 4 , 5) |
| 3. defendant's arguments against trademark similarity (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. court's focus on deceptive similarity criteria (Para 15) |
| 5. assessment of visual and phonetic similarity (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 6. comparison principles highlighted in case law (Para 22 , 23 , 24 , 25) |
| 7. general judicial principles for trademark comparison (Para 26 , 27 , 28 , 29) |
| 8. factors leading to dismissal of the infringement assertion (Para 30 , 31 , 32 , 33) |
| 9. passing off considerations and final assessment (Para 34 , 35) |
| 10. conclusion: denial of the injunction (Para 36 , 37 , 38 , 39) |
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
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