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1 - 5 of 5 (0.20 seconds)Cadila Healthcare Limited vs Cadila Pharmaceuticals Limited on 26 March, 2001
In this regard, the Supreme Court has provided the guidelines in the case of Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd., , wherein it is observed that the test to determine is the similarity and not dissimilarity between the competing marks. Phonetic similarity is not to be ignored when the competing words are written differently. Moreover, the question has to be approached from the point of view of an Indian of average intelligence and imperfect recollection. This is specially in case of drugs, the test is to be applied strictly even through the drug in question may be one that is sold not across the counter but only to hospitals and clinics or on prescription only.
The Drugs And Cosmetics Act, 1940
Section 28 in The Trade And Merchandise Marks Act, 1958 [Entire Act]
The Companies Act, 1956
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