Cipla Limited
V/S
Sun Pharmaceutical Industries Ltd
Introduction:
The case study is about the illegal use of a trademark by Sun Pharmaceutical Industries Ltd., while another company (Cipla Limited) was already using that trademark. Cipla Limited filed a case against Sun Pharmaceutical Industries Ltd. for infringement.
Backgrounds of companies:
Sun Pharmaceutical Industries Ltd. is an Indian multinational pharmaceutical company. Which is located in Mumbai, Maharashtra. It makes and sells pharmaceutical ingredients in more than 100 countries across the globe.
Cipla Limited is an Indian multinational pharmaceutical company. Which is located in Mumbai, Maharashtra. It manufactures medicine to treat respiratory disease, cardiovascular disease, diabetes, and various other medical conditions.
The case:
The mark “Respule” is owned by Cipla Ltd Company. It has been in use since 2013. Cipla had been selling medicines that treat respiratory ailments under the names Budecort Respules and Duolin Respules. But Sun Pharma had been illegally using the mark “Respule” and has falsely copied the trade dress, packaging, and label.
| Cipla |
Budecort Respules & Duolin Respules
V/S
|
SUN Pharma |
Budesonide Respules & DUOZ 2.5ML RESPULES
Observation of the Court:
The court observed that Sun Pharma has copied Cipla in the form of trade dress, packaging, and labels, intending to take advantage of the demand in the market for these medicines, even to adopt the goodwill and reputation of Cipla Limited.
Even the court has declared that if Cipla Limited permits to release of the products in the market due to public need in the country so that Sun Pharma can release the products, it would be non-calculated damage to Cipla.
Decision:
In favor of Cipla Limited, the Court has dismissed the applications filed by Sun Pharma, which were using the trademark “RESPULES.”
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