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Cadila Healthcare Limited vs Cadila Pharmaceuticals Limited on 26 March, 2001

Manu/PH/0618/2005 Signature Not Verified Signed By:SUNIL CS (COMM) 115/2023 Page 88 of 140 SINGH NEGI Signing Date:03.07.2023 15:35:51 56.8.7 The Supreme Court has endorsed the ingredients of passing off as delineated in its earlier decision in Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd.50(Cadila-I) Having distilled the principles applicable to passing off, the Supreme Court has, in para 18 of the decision, returned findings on facts, after examining the rival packs. It has held the colour scheme of the two packs to be almost identical with a happy family superimposed in both, though the number of members of the family were different. In that view of the matter, the Supreme Court has held that the trade dress of the two products was such that they could easily confuse a purchaser. Additionally, it has been held that there is remarkable phonetic similarity between the marks ―Glucon-D‖ and ―Glucose-D‖ and that both are items containing glucose. Though a specific contention was advanced, before the Supreme Court, that ―Glucose‖, being a descriptive mark, could not be injuncted, the Supreme Court has not returned any finding thereon, as it has proceeded on the premise of passing off.
Supreme Court of India Cites 20 - Cited by 545 - Full Document
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