Supreme Court of India · 2015-10-05
Neon Laboratories Ltd vs Medical Technologies Ltd. & Ors
- Citation / case number
- AIR 2016 SC (CIV) 276
- Court
- Supreme Court of India
- Petitioner
- Neon Laboratories Ltd
- Respondent
- Medical Technologies Ltd. & Ors
- Author
- Vikramajit Sen
- Bench
- Shiva Kirti Singh, Vikramajit Sen
Judgment text excerpt
The Supreme Court upheld the injunction granted by the Trial Court in favor of the Plaintiff-Respondents, who claimed that the Defendant-Appellant's trademark 'ROFOL' was deceptively similar to their trademark 'PROFOL', which is associated with the generic drug 'Propofol'. The Court emphasized that trademarks in the pharmaceutical industry often reflect the composition of the drug, and thus, the similarity could lead to confusion among medical practitioners. The Court reiterated the principle that appellate courts should exercise caution in interfering with the discretion of lower courts regarding injunctions, especially in trademark disputes.