Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1999 - Passing off- First in the market test - Suit for injunction damages and account for profit by respondent no 1 against appellant on the basis of a/legation of passing off Trade Marks Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Trade Marks Act, 1999 - Passing off- First in the markettest - Suit for injunction damages and account for profit byrespondent no 1 against appellant on the basis of a/legationof passing off - Respondent's case that in 1998 itspredecessor-in-title introduced generic drug ROFOL andbegan marketing under the name PROFOL and afteramalgamation of respondent no. 1 with predecessor-in-titlein 2000, respondent no. 1 became the owner of the trademarkPROFOL and has been using it since then, when it alsoapplied for its registration and that the appellant had beenusing the mark ROFOL which is similar to its mark PROFOL- Appellant's case that it filed application for registration forits trademark ROFOL in 1992 and the same was granted in2001, however, it commenced its user from 2004 onwards -Trial court granted temporary injunction against appellantwhich was upheld by the High Court- On appeal, held: Threefactors relevant to an interim order-prima facie case, balanceof convenience and an irreparable loss in favour ofrespondents. Since the respondents have supported withproof that they had already been using their trademark wellbefore the attempted user of an identical or closely similartrademark by the appellant, they are entitled to temporaryinjunction, in light of 'first in the market' test- Thus, the orderpassed by the High Court upheld. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2015 INSC 728 |
Petitioner | Neon Laboratories Ltd. |
Respondent | Medical Technologies Ltd. & Ors. |
SCR | [2015] 10 S.C.R. 684 |
Judgement Date | 2015-10-05 |
Case Number | 1018 |
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