https://www.taxtmi.com/caselaws?id=198684 In pharmaceutical trade mark disputes, interim injunction depends on whether the rival marks, viewed as a whole, are likely to confuse an ordinary purchaser; a common drug-molecule prefix was treated as generic and publici juris, and the differences in suffix, overall structure, packaging and price meant no deceptive similarity. The court also explained that stay under Section 124 of the Trade Marks Act is not automatic merely because rectification is filed or contemplated; the statutory conditions must be met, including the requisite pending rectification proceeding and any prima facie invalidity showing. On these facts, refusal of interim relief and continuation of the registered proprietor's rights was upheld. en-us Thu, 15 Feb 2007 00:00:00 +0530 Wed, 07 Feb 2018 14:31:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198684 In pharmaceutical trade mark disputes, interim injunction depends on whether the rival marks, viewed as a whole, are likely to confuse an ordinary purchaser; a common drug-molecule prefix was treated as generic and publici juris, and the differences in suffix, overall structure, packaging and price meant no deceptive similarity. The court also explained that stay under Section 124 of the Trade Marks Act is not automatic merely because rectification is filed or contemplated; the statutory conditions must be met, including the requisite pending rectification proceeding and any prima facie invalidity showing. On these facts, refusal of interim relief and continuation of the registered proprietor's rights was upheld. Case-Laws Indian Laws Thu, 15 Feb 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198684