Case Note & Summary
The Plaintiff, Lupin Limited, filed a suit alleging that the Defendants, Eris Lifesciences Pvt. Ltd. and others, were infringing its registered trademark 'NEBISTAR' by using the mark 'NEBISTOL' for pharmaceutical preparations. The Plaintiff had registered 'NEBISTAR' on 2 July 2003 and had been using it since 2004 for various strengths of the product. The Defendants applied for registration of 'NEBISTOL' on 11 April 2013 as a proposed user and started using it in March/April 2014. The Registrar of Trade Marks raised an objection under Section 11 of the Trade Marks Act, 1999, citing the Plaintiff's mark as conflicting. The Plaintiff sought an interim injunction to restrain the Defendants from manufacturing and marketing products under the mark 'NEBISTOL'. The Court considered the phonetic and structural similarity between the marks, the prior registration and use of the Plaintiff's mark, and the Defendants' knowledge of the Plaintiff's mark. The Court held that the marks were deceptively similar and that the Defendants' adoption was not honest. An injunction was granted in favor of the Plaintiff.
Headnote
A) Trademark Law - Infringement - Deceptive Similarity - Section 28, 29 Trade Marks Act, 1999 - The Plaintiff, Lupin Limited, registered proprietor of 'NEBISTAR' since 2003, sought injunction against Defendants using 'NEBISTOL' for pharmaceutical products. The Court held that the marks are structurally and phonetically similar, and the Defendants' adoption was not honest, as they were aware of the Plaintiff's mark. Injunction granted restraining Defendants from using 'NEBISTOL' (Paras 1-5).
Issue of Consideration
Whether the mark 'NEBISTOL' is deceptively similar to the registered trademark 'NEBISTAR' and whether its use by the Defendants amounts to infringement and passing off.
Final Decision
The Court granted an interim injunction restraining the Defendants from manufacturing and marketing any medicinal preparations/products using the mark 'NEBISTOL'.
Law Points
- Trademark Infringement
- Passing Off
- Deceptive Similarity
- Pharmaceutical Products
- Section 11 Trade Marks Act 1999
- Section 28 Trade Marks Act 1999
- Section 29 Trade Marks Act 1999
