name the drug by the name of the organ or
ailment which it treated or the main ingredient of the drug. The name
of such ... name a
drug by the name of the organ or ailment which it
treats or the main ingredient of the drug. The name
marketed if these are labelledonly with their respective proper names, namely, the scientific name by which the respective drug would be known invarious pharmacopoea ... recommendations ofthe Hathi Committee, namely that the drug formulationsmarketed under the brand names should henceforth bemarketed under generic names or scientific names, did notaccept
origin. The terms "generic" and "trade mark" are mutually exclusive ... The concept of "generic name" and "trade name ... generic connotation of the abbreviated name, is still, "generic".
"Acronyms of generic names are often used interchangeable with the full generic name
trade marks except prefix "FALCI" derived from the generic name "FALCIPHARUM". Despite the defense taken of the generic nature ... consideration in determining deceptive similarity between competing trade marks derived from generic names of the drugs or diseases. Hence, it is perfectly permissible
plaintiff's corporate name Novelty. The adoption of name identical and deceptively similar to that of the corporate name by the defendant, is with ... that either they were using absolutely similar name or they were using special names, which were not generic names.
14. The positive in the present
said factors was the further
argument advanced that MVI is a generic name stands
for Multi Vitamin Infusions. It cannot be taken ... other names would be distinguishable.
29.Indeed if there is a generic name then such
right as is being claimed in the action for purposes
time of trial. It is submitted that an
abbreviation of a generic name, which still conveys to the buyer the original
generic connotation ... person of his own name or that of his place of business,
or of the name, or of the name of the place of business
that the suffix of the mark VIT is adopted from the
generic name vitamin and is common in use by other manufacturer and
traders, therefore ... Aben, the mark Alben, was
derived by the plaintiff from the generic name, the court granted the
injunction against the defendant.
31. The learned counsel
present case the word Novelty must be taken to be a
generic name. It is not a name coined by the plaintiff, so that ... using the name M/s. Novelty
Emporium. The defendant is using the name and carrying on the
business under the name and style
defendant in its reply has taken the stand that the generic name of the drug is "Nimesulide" and the trade mark ... remaining portion of the trade mark is derived from the generic name of the drug 'Nimesulide'. It is also pointed out that
