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1 - 7 of 7 (0.22 seconds)The Code of Civil Procedure, 1908
Exemption) Yamini Manohar vs T K D Keerthi on 21 April, 2023
8. Considering that these are medicinal, pharmaceutical and
nutraceutical products, wherein the likelihood of confusion can be very high
and detrimental to the consumers, in terms of the judgment of the Hon'ble
Supreme Court in Yamini Manohar v. T.K.D Keerthi, SLP(C) (2023
LiveLaw (SC) 906) the exemption under Section 12A is granted to the
Plaintiff.
Cadila Healthcare Limited vs Cadila Pharmaceuticals Limited on 26 March, 2001
28. A Coordinate Bench of this Court, in FDC Limited v. Nilrise
Pharmaceuticals Pvt. Ltd., 2022:DHC:3839, has also referred to the said
decision in Cadila Healthcare (Supra) and observed that the tests to be
applied for medicinal products need to be far stricter due to the possibility of
confusion resulting in public injury. The relevant extracts of the said
decision are extracted as under:
Wander Ltd. And Anr. vs Antox India P. Ltd. on 26 April, 1990
Passing off is said to be a species of unfair trade
competition or of actionable unfair trading by which
one person, through deception, attempts to obtain an
economic benefit of the reputation which other has
established for himself in a particular trade or
business. The action is regarded as an action for
deceit." (See Wander Ltd. Vs. Antox India Pvt Ltd.,
1990 Suppl. SCC 727.
The Commercial Courts, Commercial Division And Commercial Appellate Division Of High Courts Act, 2015
Fdc Limited vs Nilrise Pharmaceuticals Pvt. Ltd. And ... on 3 June, 2022
28. A Coordinate Bench of this Court, in FDC Limited v. Nilrise
Pharmaceuticals Pvt. Ltd., 2022:DHC:3839, has also referred to the said
decision in Cadila Healthcare (Supra) and observed that the tests to be
applied for medicinal products need to be far stricter due to the possibility of
confusion resulting in public injury. The relevant extracts of the said
decision are extracted as under:
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