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 The word TEMODAR has been derived from the active salt TEMOZOLOMIDE 2010(42) PTC 772 (Del.) (DB) - Schering Corporation & Ors. Vs. Alkem Laboratories Ltd.

In the present case, we are concerned with the invented trademarks. The said test of splitting of the trade mark cannot come in the way of establishing infringement. In case of CROCIN, the ailment which it cures is fever or pain which has not connection or significance with that of CROCIN. The active ingredient in the CROCIN is Paracetamol which has no significance or connection with that of any salt. Likewise, BETNOVATE is derived from the salt BETAMETHASONE VALERATE AND CLIOQUINOL which has no significance or connection with that of the brand BETNOVATE. It was the contention of the defendants that BETNOVATE has been derived from betamethasone valerate and cloquinol. It is incongruous to state that such contention can succeed as betamethasone valerate and clioquinol are poles apart from BETNOVATE. If one of the features which is there from the salt then the same may be dissected to see another feature. But, in the present case, if we take BETAMETHASONE and reads BETNOVATE, one could not gauge any derivation from betamthasone valerate and clioquinol and it is only after seeing the product BETNOVATE-C. It is only after seeing the product of the platiniff that B-NATE-C has come into existence.