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Documents citing Britannia Industries Ltd vs Itc Ltd on 25 March, 2021

Abbott Gmbh & Ors vs Tcsol Biopharma & Ors on 16 July, 2024

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/08/2024 at 21:04:10 what is held in Cadila Health Care v. Cadila Pharmaceuticals Ltd AIR 2001 SC 1952, Heinz Italia & Anr. v. Dabur India Ltd. (2007) 6 SCC 1, Brihan Karan Sugar Syndicate Private Limited vs. Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana (2024) 2 SCC 577 and Brittania Industries Ltd. v. ITC India Ltd. (2021) SCC OnLine Del 1489, this Court is to be more cautious and stringent while dealing with matters relating to such pharmaceutical products since there is a likelihood of confusion arising in the minds of general public, if the competing mark, trade dress and design of the defendants are allowed to subsist and /or continue.
Delhi High Court - Orders Cites 10 - Cited by 0 - Full Document

Elder Prroject Limited vs Elder Orgichem Private Limited on 28 August, 2024

30. Most relevantly, in view of the law laid down in Cadila Health Care v. Cadila Pharmaceuticals Ltd AIR 2001 SC 1952, Heinz Italia & Anr. v. Dabur India Ltd. (2007) 6 SCC 1, Brihan Karan Sugar Syndicate Private Limited vs. Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana (2024) 2 SCC 577 and Brittania Industries Ltd. v. ITC India Ltd. (2021) SCC OnLine Del 1489 qua pharmaceutical preparations since this Court is warranted to act cautiously and stringently, since the defendant is an entity dealing in such pharmaceutical products, it cannot be permitted and/ or allowed to subsist and/ or continue any further to offer/ deal/ sell/ compete using the impugned mark/ corporate name/ device/ logo/ packaging/ trade dress as that of the plaintiff.
Delhi High Court - Orders Cites 12 - Cited by 0 - Full Document

Glaxo Group Limited vs Qpharm Health Care Limited And Anr on 3 July, 2024

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/07/2024 at 23:18:28 High Court of Delhi in Brittania Industries Ltd. v. ITC India Ltd. (2021) SCC OnLine Del 1489, this Court has to be more cautious and stringent while dealing with matters relating to pharmaceutical products, as involved herein, more so, since confusion may arise in the minds of general public, if the competing marks, packaging and capsule trade dress of the defendants' are allowed to subsist and/or continue. Also, to safeguard and protect from such measures, this Court is to adopt a stricter approach for judging the possibility of any confusion of any pharmaceutical product as involved herein with another by any such layman/consumer which is to be avoided at all costs.
Delhi High Court - Orders Cites 9 - Cited by 0 - Full Document

Glaxo Group Limited And Anr vs Elder Laboratories Limited on 5 July, 2024

31. Allowing the defendant to continue with the impugned marks and packaging/ trade dress can lead to a likelihood of confusion in the minds of general public as regards to the association of the defendant's marks and packaging/ trade dress with that of the plaintiffs'. To advert such situation(s), particularly in the case of pharmaceutical products, it is essential for this Court to adopt a stringent approach for judging the possibility of any such likelihood of confusion and exercise due diligence, circumspection and to be more careful. As per the settled principle of law laid down by the Hon'ble Supreme Court of India in Cadila Health Care v. Cadila Pharmaceuticals Ltd AIR 2001 SC 1952 and reiterated and reaffirmed by it in Heinz Italia & Anr. v. Dabur India Ltd. (2007) 6 SCC 1 and Brihan Karan Sugar Syndicate Private Limited vs. Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana (2024) 2 SCC 577 as well as by this Court in Brittania Industries Ltd. v. ITC India Ltd. (2021) SCC OnLine Del 1489, whereby this Court is to be more cautious and stringent while dealing with matters relating to pharmaceutical products, as involved herein, more so, since confusion may arise in the minds of CS(COMM) 547/2024 Page 9 of 11 This is a digitally signed order.
Delhi High Court - Orders Cites 8 - Cited by 0 - Full Document

Abbott Products Operations Ag & Anr vs Lincoln Pharmaceuticals Limited & Anr on 22 July, 2024

In any event, since this Court is dealing with pharmaceutical products, it calls for a more careful and strict approach [see Cadila Health Care v. Cadila Pharmaceuticals Ltd AIR 2001 SC 1952 and reiterated and reaffirmed by it in Heinz Italia & Anr. v. Dabur India Ltd. (2007) 6 SCC 1 and Brihan Karan Sugar Syndicate Private Limited vs. Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana (2024) 2 SCC 577 as well as by this Court in Brittania Industries Ltd. v. ITC India Ltd. (2021) SCC OnLine Del 1489].
Delhi High Court - Orders Cites 7 - Cited by 0 - Full Document

Abbott Product Operations Ag & Anr vs Uniza Healthcare Llp on 5 August, 2024

In view of the law laid down in Cadila Health Care v. Cadila Pharmaceuticals Ltd AIR 2001 SC 1952, Heinz Italia & Anr. v. Dabur India Ltd. (2007) 6 SCC 1, Brihan Karan Sugar Syndicate Private Limited vs. Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana (2024) 2 SCC 577 and Brittania Industries Ltd. v. ITC India Ltd. (2021) SCC OnLine Del 1489 qua pharmaceutical preparations, this Court is required to be more cautious and stringent. As such, the competing CS(COMM) 647/2024 Page 10 of 15 This is a digitally signed order.
Delhi High Court - Orders Cites 7 - Cited by 0 - Full Document

Mankind Pharma Limited vs Pranjali Swapnil Pimprikar Trading As ... on 23 August, 2024

44. It is trite and settled law that this Court ought to treat with utmost care and caution while dealing with products involving pharmaceutical preparations. Reliance is placed upon Cadila Health Care v. Cadila Pharmaceuticals Ltd AIR 2001 SC 1952, Heinz Italia & Anr. v. Dabur India Ltd. (2007) 6 SCC 1, Brihan Karan Sugar Syndicate Private Limited vs. Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana (2024) 2 SCC 577 and Brittania Industries Ltd. v. ITC India Ltd. (2021) SCC OnLine Del 1489.
Delhi High Court - Orders Cites 8 - Cited by 0 - Full Document

Mankind Pharma Limited vs Sanshiv Health Tech Private Limited & ... on 20 September, 2024

33. As the facts are pertaining to pharmaceutical products, in view of what is held in Cadila Health Care v. Cadila Pharmaceuticals Ltd AIR 2001 SC 1952, Heinz Italia & Anr. v. Dabur India Ltd. (2007) 6 SCC 1, Brihan Karan Sugar Syndicate Private Limited vs. Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana (2024) 2 SCC 577 and Brittania Industries Ltd. v. ITC India Ltd. (2021) SCC OnLine Del 1489, this Court is to be more cautious and stringent while dealing with matters relating to such pharmaceutical products since there is a likelihood of confusion arising in the minds of general public, if the competing trade dress, trade mark and design of the defendants are allowed to subsist and/ or continue.
Delhi High Court - Orders Cites 7 - Cited by 0 - Full Document
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