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march 2001

Supreme Court of India · 2001-03-26

Cadila Healthcare Limited vs Cadila Pharmaceuticals Limited

Citation / case number
AIR 2001 SUPREME COURT 1952
Court
Supreme Court of India
Petitioner
Cadila Healthcare Limited
Respondent
Cadila Pharmaceuticals Limited
Bench
Doraswamy Raju, British Kumar

Judgment text excerpt

The Supreme Court addressed a dispute between two pharmaceutical companies over the use of similar trade marks, Falcigo and Falcitab, under the Trade and Merchandise Marks Act. The Court held that the appellant failed to establish a likelihood of confusion or deception as both drugs were Schedule L drugs, sold only to hospitals, thus minimizing the chance of consumer confusion. The Court upheld the lower courts' decisions, affirming that the interim injunction was rightly denied based on the distinctiveness of the products and their intended market.

Cadila Healthcare Limited vs Cadila Pharmaceuticals Limited · Niyam