The Plaintiff filed the subject matter Suit on the basis of proprietary rights in the Trademark/Colour Combination/Trade Dress Dexorange in relation to medicinal and pharmaceuticals products falling in class 05.

The Suit was filed against user of similar Trademark/Colour Combination/Trade Dress HEMOORANGE by the Defendant in relation to medicinal and pharmaceuticals products falling in class 05.

The Court observed that there exists likelihood of confusion and/or association of the Defendants' product bearing the mark 'HEMORANGE' with the product of the Plaintiff bearing the mark/label 'dexorange'. The mark, colour combination, placement of material etc. of the label as adopted and used by the Defendants is very deceptively similar to that of the Plaintiff's mark/label. The Defendants have no justification for such adoption and use of the mark & label and the act of the Defendants are bound to lead to confusion and deception amongst the purchasing public and the trade.

Resultantly the Defendants were restrained from using the Trademark/Colour Combination/Trade Dress Hemoorange in relation to medicinal and pharmaceuticals products falling in class 05.

Case Law Discussed
Date Of Judgement: 12.07.2022
Case No:Interim Application (L) No. 20488 Of 2022
In Commercial Suit (Ip) (L) No. 20480 Of 2022
Name Of Hon'ble Court: High Court Of Judicature At Bombay
Name Of Hon'ble Judge: The Honourable Justice R.I. Chagla
Case Title: Franco-Indian Pharmaceuticals Pvt. Ltd. Vs Pharmaceutical Institute of India Pvt. Ltd. & Anr

Written By: Ajay Amitabh Suman, IPR Advocate, Hon'ble High Court of Delhi
Ph no: 9990389539, Email: [email protected]