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april 2008

Supreme Court of India · 2008-04-09

Cadila Healthcare Ltd vs Aurobindo Pharma Ltd. & Anr

Court
Supreme Court of India
Petitioner
Cadila Healthcare Ltd
Respondent
Aurobindo Pharma Ltd. & Anr
Bench
Tarun Chatterjee, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court addressed the issue of trademark infringement concerning the appellant's medicine 'ATORVA' and the respondent's use of 'ATOR'. The Court granted an ad-interim injunction under Order 39 Rule 1 and 2 of the Civil Procedure Code, 1908, restraining the respondent from using any deceptively similar trademark. The appeal was deemed infructuous as the respondent changed the name to 'ATORIL', and the Court directed the trial court to expedite the suit's resolution within one year, maintaining the interim order until then.

Cadila Healthcare Ltd vs Aurobindo Pharma Ltd. & Anr · Niyam