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may 2007

Supreme Court of India · 2007-05-18

M/S.Heinz Italia & Anr vs M/S.Dabur India Ltd

Court
Supreme Court of India
Petitioner
M/S.Heinz Italia & Anr
Respondent
M/S.Dabur India Ltd
Author
Harjit Singh Bedi
Bench
B.P. Singh, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court held that the use of the trademark 'Glucose-D' by Dabur India does not infringe the registered trademark 'Glucon-D' of M/s. Heinz Italia S R L, as the term 'Glucose' is generic and cannot be monopolized. The Court affirmed the lower courts' decisions under Sections 29 and 106 of The Trade and Merchandise Marks Act, 1958, and found no deceptive similarity in the packaging. Consequently, the appeal for an ad-interim injunction was dismissed, upholding the trial court's and High Court's orders.

M/S.Heinz Italia & Anr vs M/S.Dabur India Ltd · Niyam