Ranbaxy Laboratories Ltd. v. Dua Pharmaceuticals Pvt. Ltd., 1988 Arb. L. R. 315
First Publication Date: 4th September 2008
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.
RULE OF LAW:
When a trade mark is too identical or too similar to an already registered well-known trademark it is an infringement of the original trade mark.
The Delhi High court issued an interim injunction restraining Dua Pharmaceuticals from selling the drugs. Dua Pharmaceuticals contested the injunction on the ground that CALMPROSE is a prescription drug which is not available over the counter and unless the customer specifically asked for it, it would not be sold, thus minimizing the chance of the customer getting deceived. And that the name CALMPROSE is phonetically different from CALMPOSE.