Supreme Court · 2001 INSC 173 · Decided 26 March 2001
Cadila Health Care LTD. v. Cadila Pharmaceuticals LTD.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 173 · [2001] 2 S.C.R. 743
- Case number
- CIVIL APPEAL No. 2372/2001
- Decided
- 26 March 2001
- Bench
- B.N. KIRPAL, DORAISWAMY RAJU, BRIJESH KUMAR (3-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
Headnote
B Trade and Merchandise Marks Act, 1958-Sections 27 & 28-Trade Mark-Medicinal Drugs-Appellant and respondent manufacturing and sell­ ing drug in the brand name of 'Falcigo' and 'Falcitab' respectively-Action for passing off-Suit for injunction-Trial Coult dismissing interim injunction C be taken for medicinal drugs to avoid disastrous results./-F actors to be considered in deciding action for passing off spelt out for the Trial Coult in deciding the suit-Drugs and Cosmetics Act, 1940-Section 17B. Practice and Pmcedure-Reliance of English Cases-Held, English cases D and principles
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