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ARTICLE · 02 MARCH 2020

Bevatas Is Distinct From Bevetex, Rules Delhi HC

In January 2020, Delhi High Court dismissed an appeal by Sun Pharma Laboratories against an order passed by the trial court whereby the latter...

IndiaIntellectual Property

In January 2020, Delhi High Court dismissed an appeal by Sun Pharma Laboratories against an order passed by the trial court whereby the latter in 2018 had dismissed the application for an interim injunction filed by the appellant against the use of the trademark BEVATAS by Intas Pharmaceuticals. The high court found that there was no merit in the appeal (Sun Pharma Laboratories Ltd v Intas Pharmaceuticals Ltd).

The appellant applied for an injunction against the use of the respondent's mark BEVATAS contending that the trademark was structurally, visually and phonetically similar to its trademark, BEVETEX. The rival medicines were sold in the same dosage form that is delivery by injection, and at similar prices. The appellant argued that such similarities amounted to infringement and passing off of the trademark, unfair competition and the loss of goodwill in the trade mark BEVETEX leading to confusion and deception.The appellant had claimed to be the rightful

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