CASE NO: Civil Suit(Com. Div) No.822 of 2013
CASE TITLE: Unimed Technologies Limited Vs Cadila Healthcare Limited
NAME OF HON'BLE COURT: Hon'ble High Court of Madras
NAME OF HON'BLE JUDGE: Hon'ble Justice Senthil Kumar Ramamoorthy
Brief Note on the case: 1. Although the Defendant pleaded in the written statement that the Hon'ble Court does not have territorial jurisdiction to entertain the suit. However documents filed by the Defendants shows commercial sale within Jurisdiction, Hence the Hon'ble Madras High Court rejected the argument of Defendant regarding lack of territorial jurisdiction. Para 8
2.The issue of infringement and passing has to be tested on the basis of date of institution of the Suit. Para 15
3.Non production of Renewal Certificate is not fatal. Para 15
4. Even though medicine is prescribed by Doctor , still in hospital , chances of confusion can not be rules out. Para 16
6.Trademark ZYVISC of the Defendant was held deceptively similar to Plaintiff's Trademark HYVISC. Para 17
7.Though adoption of Defendant was not mala fide, however chances of confusion can not be ruled out. Hence Plaintiff was entitled to relief of passing off. Para 18
Ajay Amitabh Suman, IPR Advocate,
Hon’ble Delhi High Court,
ajayamitabh7@gmail.com,
9990389529
[Disclaimer: This information is being shared in the public interest only for creating legal awareness, especially in the field of Intellectual Property Right. As there may be possibility of error, omission or mistake in legal interpretation, It should not be treated as substitute for legal advise].
