Zydus Wellness Products Limited vs Cipla Health Ltd & Anr. on 3 July, 2023
Author
same class. He further held that the words 'Glucovita' and 'Gluvita' were not visually or phonetically similar and that there ... first question that then arises is whether the marks 'Glucovita' and' Gluvita' are so similar as to be likely to cause
that the
plaintiff‟s rights are violated."
17. The marks „GLUCOVITA‟ and „GLUVITA‟ came up for
consideration in an infringement action before the Supreme ... Supreme Court observed that the only difference between the
marks „GLUCOVITA‟ and „GLUVITA‟ was the syllable „CO‟ in the
appellants mark. Apart from that
below.
AIR
1989 Delhi 44
Plaintiffs mark
Defendants mark
Decision
Citation
Glucovita
Gluvita
Corn Products defining
Co. vs. Shangrila
Food Products
made applicable to the present case.
16. The marks 'GLUCOVITA' and 'GLUVITA' were rightly held to be phonetically and deceptively similar ... opinions about the similarity between the marks 'GLUCOVITA' and 'GLUVITA' and therefore we do not think the ratio of the said
Products Ltd. ; AIR 1960 SC 142, wherein two rival words were
„Gluvita‟ and „Glucovita‟. The Hon'ble Apex Court in paras ... first question that then
arises is whether the marks 'Glucovita' and' Gluvita'
are so similar as to be likely to cause
cannot be made applicable to the present case.
16. The marks GLUCOVITA and GLUVITA were rightly held to be phonetically and deceptively similar ... cannot be any two opinions about the similarity between the marks GLUCOVITA and GLUVITA and therefore we do not think the ratio of the said
where the dispute was regarding two rival marks „Gluvita‟ and „Glucovita‟,
in paragraphs 17, 18 and 19, it was held as under ... mark
„Glucovita‟ has acquired a reputation among the general buying
public. The first question that then arises is whether the marks
„Glucovita‟ and „Gluvita
Glucovita filed its objections to the registration of the
respondents mark. The Deputy Registrar came to the conclusion
that the two words Glucovita and Gluvita
overall structural and phonetic
similarity of the two marks Gluvita and Glucovita is likely to deceive
or to cause confusion. In deciding whether two marks