Supreme Court · 2004 INSC 374 · Decided 7 May 2004
Milment Oftho Industries and ORS. v. Allergan INC.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 374 · [2004] SUPP. 2 S.C.R. 586
- Case number
- CIVIL APPEAL No. 5791/1998
- Decided
- 7 May 2004
- Bench
- S.N. VARIAVA, H.K. SEMA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
Headnote
Food and Drug Control-Respondent Company manufacturing pharmaceutical products in several countries-Suit for passing off in C respect of mark 'OCUFLOX' against Indian Company claiming to be the first user of the mark-Grant of interim injunction-However vacated later on the ground that Indian company filing suit being first in the market entitled to injunction-On appeal, Held : As D it is not clear with regard to the first user of the mark, matter to be examined on evidence and remitted to trial court-If found that company filing suit had adopted the mark prior to its use by the
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