Supreme Court · 2015 INSC 728 · Decided 5 October 2015
Neon Laboratories LTD. v. Medical Technologies LTD. & ORS.
- Court
- Supreme Court of India
- Citation
- 2015 INSC 728 · [2015] 10 S.C.R. 684
- Case number
- CIVIL APPEAL No. 1018/2006
- Decided
- 5 October 2015
- Bench
- VIKRAMAJIT SEN, SHIVA KIRTI SINGH (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
10 S.C.R. 684 NEON LABORATORIES LTD. v. MEDICAL TECHNOLOGIES LTD. & ORS. (Civil Appeal No.1018 of 2006) B OCTOBER 5, 2015 [VIKRAMAJIT SEN AND SHIVA KRITI SINGH, JJ.) Trade Marks Act, 1999 - Passing off- First in the market test - Suit for injunction damages and account for profit by C name PROFOL and after amalgamation of respondent no. 1 with predecessor-in-title D in 2000, respondent no. 1 became the owner of the trademark PROFOL and has been using it since then, when it also applied for its registration and that the appellant had been using the mark ROFOL which is similar
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