Chander M. Lall in reply
10 Monopolization of "ART" prefix 8.1 - 8.3
11 No infringement action against registered mark - Section ... test - surrounding circumstances 12.1 - 12.4
and nature of consumers
15 ART is common to the trade - Section 17(2)(b) 13
16 Estoppel
defendant from the drug ‗Meropenem', taking the
prefix ‗Mero' which is used as a prefix in both the competing
marks. Both the appellants ... aforesaid word ‗Meropenem'. Along with the aforesaid
generic/common prefix, ‗Mero', the appellants/plaintiffs have
used the syllables ‗nem', whereas, the respondent
comprised of three syllables, with
'Vi' as a common prefix and 'Ra' as a similar suffix, producing a strikingly
similar auditory
OTRINIR". Visually, the dominant presence of the common
prefix is likely to anchor consumers' first impressions, thus possibly
diminishing and overshadowing the distinctiveness ... prefix
'OTRI'.
17. However, these attempts by Respondent No. 1 to portray 'OTRI' as a
generic term commonly used within
constituent, and that plaintiff has no exclusive right
over the suffix and prefix is frivolous as the defendants initially claimed
that other products sold ... POWRNYM' is as a result of a
common industry practice of adding prefixes and suffixes. In any event,
there is a huge difference
visual similarity and under this, all usual aspects like any
common syllables, suffixes, prefixes, shapes, length, etc. of the mark are
compared with the other
were part of "common stems" used in the selection of INNs. These
common stems were listed in Annexure-3 of the WHO document ... prefix of "ALCAFTADINE" and no other medicines have been brought to the
attention of the Court which starts with the prefix "CAFTA
Learned counsel for the first respondent contended that the
prefix 'GYP' is common to the trade and that there are many marks
containing ... said prefix. There is no doubt that the petitioner's
trade mark 'GYPROC' was derived from the material 'Gypsum'.
Consequently
MEBUFEN" are structurally,
visually and phonetically different.The only commonality between the
marks "MEBUFEN" and "BRUFEN" is the suffix/word ... rival marks have different prefixes i.e., "BRU" and "MEBU",
which are strikingly dissimilar. The common suffix "FEN" used
would include all visual aspects of
the mark, like any common syllables, designs, suffixes, prefixes,
shapes, length, etc.
With respect to the Logo
