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.