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Showing contexts for: common prefix in Sun Pharmaceuticals Industries ... vs M/S. Eyekare Kilitch Ltd on 6 July, 2012Matching Fragments
20. In so far as the rival trade marks AZIWIN/AZIWOK are concerned the Bombay High Court found that each of the word consist of six letters, the first three letters i.e, prefix AZI being common in both the words and is derived from generic name of the drug and the same is used by number of other companies in describe the products and no one can claim monopoly over the use of the said word. It is further held that the word AZI being the descriptive and having regard to the uncommon letters in these two words namely "WOK" and "WIN" which are visually and phonetically dissimilar that there is not even a remote chance of anyone being misguided between the two words.
22. In Cadila Healthcare Ltd case (AIR 2001 SC 1952) also the Hon'ble Supreme Court while considering two trademarks FALCIO/FALCITAB except laying down certain principles dealing with the act of infringement and passing off not interfered with the order of refusal to grant injunction.
23. In 1997 PTC (17) 417 Cadila Laboratories Ltd v. Dabur India Limited case the two marks in question MEXATE/ZEXATE were held to be entirely dissimilar. It is found so by attaching more importance to the prefix than common suffix and the application was dismissed.
31. Applying the same view of the Supreme Court as well as our High Court in the judgments cited on the side of the respondents, which are also cases in respect of rival trade marks used in medicinal and pharmaceutical preparations, this Court is compelled to arrive at a conclusion that in the instant case also the rival trade marks TOBA and TOBAEYE have the common prefix TOBA derived from molecule Tobramicin and are generic in nature and publici juris and EYE in TOBAEYE is descriptive in nature and the whole TOBAEYE is phonetically, visually and structurally dissimilar from that of the plaintiffs mark TOBA. Further both the goods are to be handled under due prescription given by the trained physician, as such the buyers and users will not be misguided or confused as observed by our High Court.