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march 2001

Supreme Court of India · 2001-03-26

CADILA HEALTH CARE LTD. vs CADILA PHARMACEUTICALS LTD.

Citation / case number
SC 1998/14572
Court
Supreme Court of India
Petitioner
CADILA HEALTH CARE LTD.
Respondent
CADILA PHARMACEUTICALS LTD.
Author
B.N.KRIPAL,DORASWAMY RAJU,BRITISH KUMAR
Bench
B.N.KRIPAL,DORASWAMY RAJU,BRITISH KUMAR

Judgment text excerpt

The Supreme Court ruled on the trademark dispute between two pharmaceutical companies regarding the use of the names 'Falcigo' and 'Falcitab'. The Court held that the similarity in names did not warrant an injunction as the drugs were distinct in formulation and sold exclusively to hospitals, thus minimizing the likelihood of consumer confusion. The Court referenced Sections 391 and 394 of the Companies Act concerning corporate restructuring and affirmed the lower court's dismissal of the injunction application, concluding that there was no case for confusion or deception.

CADILA HEALTH CARE LTD. vs CADILA PHARMACEUTICALS LTD. · Niyam