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Kaviraj Pandit Durga Dutt Sharma vs Navaratna Pharmaceutical ... on 20 October, 1964

In Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories , the Apex Court has set out the distinction between action for passing off and action for infringement of a trade mark. The Supreme Court has then stated the law for the courts faced with an action for infringement of a trade mark and laid down the following principles;
Supreme Court of India Cites 9 - Cited by 512 - N R Ayyangar - Full Document

F. Hoffmann-La Roche & Co. Ltd vs Geoffrey Manners & Co. Pvt. Ltd on 8 September, 1969

45. The leading case is Roche & Co., v. G. Manners & Co. . The question was whether 'DROPOVIT' and 'PROTOVIT' are deceptively similar. The Apex Court found that the last three letters were common, and in the uncommon part, the first two are consonants, the next is the same vowel 'o' the next is a consonant and the fifth is again a common vowel 'o'. The combined effect was to produce alliteration. 'VIT' is a well known abbreviation used in pharmaceutical trade to denote vitamin preparation. Thus the terminal styllable 'VIT' in the two marks was both descriptive and common to the trade. The Apex Court observed as follows:
Supreme Court of India Cites 11 - Cited by 197 - V Ramaswami - Full Document
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