Bombay High Court Dismisses Passing Off Claim by Sun Pharmaceuticals Against Emcure Pharmaceuticals Over Trademarks 'SUSTEN' and 'SUSTINEX' — Marks Held Not Deceptively Similar Despite Prior Use and Pharmaceutical Products. The court found that the differences in spelling, sound, and appearance between 'SUSTEN' and 'SUSTINEX' outweigh the similarities, and the public interest does not justify an injunction where the marks are not deceptively similar under the Trade Marks Act, 1999.
9 Jan 2012The plaintiff, Sun Pharmaceuticals Industries Limited, filed a suit for infringement and passing off against Emcure Pharmaceuticals Limited, alleging ...




