Trademarks: Ranbaxy Laboratories Ltd. – Plaintiff v. Dua Pharmaceuticals Pvt. Ltd. – Defendant, 1988 Arb. L. R. 315 (Delhi High Court).
Authored by Anupama Y., Judgment delivered by B.N. Kirpal CASE FACTS: Ranbaxy Laboratories, a well-known pharmaceutical company, manufactured the CNS depressant Diazapem in 5 mg tablets and sold them under the trade name of CALMPOSE. The trade mark of CALMPOSE was registered in 1970 and has been in use since then. The company made about 40 crores selling the drug under this trade name. The medicine was packaged with aluminum foil on one side and polythene film on the other in colors of silver and brown. Dua Pharmaceuticals manufactured a similar medicine and marketed it under the name of CALMPROSE. The packaging of CALMPROSE was similar...Continue reading