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october 2015

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.

NEON LABORATORIES LTD. vs MEDICAL TECHNOLOGIES LTD. . · Niyam