trademark 'MEROMER' with prefix `MERO'. According to the defendant the prefix MERO is common to the trade and no single person ... number of trademarks which are used in pharmaceutical industry with a common prefix derived from the generic name Meropenem, the defendant is entitled
various
drugs are often almost similar to each other, having common prefixes
or suffixes, for the reason that the name of the drug conveys ... aforesaid word
‗Meropenem'. Along with the aforesaid
generic/common prefix, ‗Mero', the appellants/
plaintiffs have used the syllables ‗nem',
whereas, the respondent
such use.
25. The defendants' plea that the prefix "PANTO" is common to
the trade is, it is submitted, misguided, as such ... Deepak also reiterates the contention that the "PANTO"
prefix is common to the trade and, in this context, has invited the
attention
emphasis should be on
comparing the suffixes by ignoring the common prefix. Employing this
test, it is apparent, according to the learned counsel ... aforesaid word ‗Meropenem'. Along with the
aforesaid generic/common prefix, ‗Mero', the
appellants/plaintiffs have used the syllables ‗nem', whereas,
the respondent
emphasis should be on
comparing the suffixes by ignoring the common prefix. Employing this
test, it is apparent, according to the learned counsel ... finds
names of various drugs almost similar to each other, having common
prefixes or suffixes, for the reason that the name of the drug conveys
Pfizer Products Inc. vs B.L. & Company And Ors., Sun ... on 10 April, 2002
finds names of various drugs almost similar to each other --- having common prefix or suffix --- for the reason the drug conveys what salt
further claims that the prefix
BOOKMY is not a invented phrase meriting legal protection, but a
descriptive one that is common to the particular business ... Therefore determining whether the
defendant's use of the prefix common to both trademarks, "BOOKMY",
amounts to infringement and/or passing
part „ZID‟ that is common to
both marks. The further prefix „OR‟ too is
common. In other words, „ORZID‟ is common to
both marks ... mark.
Common to the trade
47. With regard to second main defence taken by the
defendants about the common use of the prefix PANTO with
prescription drugs, though they are nutraceutical products and that the prefix
'GLO‟ is common to the trade. It is submitted that the marks „GLOEYE ... Defendant
submits that the cases where injunction had been granted for common
prefixes, like the case of LIV-52 in Himalaya Drug Company
