The disputes surrounding pharmaceutical product names or
companies are not new to India. Of late, Cadila in a row against
three companies using similar names was decided against in an
infringement matter. However, in the case of Hamdard National
Foundation v. Abdul Jalil [IA 7385/2004 in CS (OS) 1240/2004]
the matter dealt with the use of the name Hamdard by the reverting
party with respect to Rice, even though the mark had been
registered with respect to the class of products covering the
same.
In a suit to prevent infringement of its trademark, copyright
and to prevent passing off of its goods, Hamdard National
Foundation filed a suit for permanent injunction restraining Abdul
Jalil from committing any of these acts. An ad-interim injunction
had earlier been granted ex-parte. Hamdard Foundation's
trademark in the word "Hamdard" and the visual mark were
in contention. The Foundation is registered under the Societies
Act, 1860, while Jalil formed a wakf (a trust
