Supreme Court of India · 2015-10-05
NEON LABORATORIES LTD. vs MEDICAL TECHNOLOGIES LTD. .
- Citation / case number
- SC 2006/1592
- Court
- Supreme Court of India
- Petitioner
- NEON LABORATORIES LTD.
- Respondent
- MEDICAL TECHNOLOGIES LTD. .
- Author
- VIKRAMAJIT SEN
- Bench
- SHIVA KIRTI SINGH VIKRAMAJIT SEN
Judgment text excerpt
The Supreme Court upheld the injunction granted by the High Court, affirming that the trademark 'ROFOL' is deceptively similar to 'PROFOL', thus constituting passing off under the principles of trademark law. The Court emphasized that trademarks in the pharmaceutical industry often reflect the composition of the drug, which can lead to confusion among medical practitioners. The ruling reinforces the need for distinctiveness in trademarks to avoid consumer deception, particularly in the context of generic drugs.