Niyam v2 is live — start for just ₹100 — 200 credits to try

october 2015

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.

Neon Laboratories Ltd vs Medical Technologies Ltd. & Ors · Niyam