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ARTICLE · 29 AUGUST 2008

´Cadila´ Contention Crashes!

Commercial viability, reputation, brand association and like aspects often leave trademark owners worrisome. The extent of concern rises, when the mark under threat associates itself with higher levels of health and well-being. Not only do issues of quality and content come to light, but more so does the fear of misuse by closely associated industries come to play.

IndiaLitigation, Mediation & Arbitration

Commercial viability, reputation, brand association and like aspects often leave trademark owners worrisome. The extent of concern rises, when the mark under threat associates itself with higher levels of health and well-being. Not only do issues of quality and content come to light, but more so does the fear of misuse by closely associated industries come to play. Cadila Healthcare Ltd.' artificial sweetener "SUGAR FREE" found itself appear on a range of goods, which induced Cadila to file a suit for a "passing off" against three major Indian Corporations, viz. Diat Foods (India) (CS(OS) 222/2008) and Shree Baidyanath Ayurved Bhawan Pvt. Ltd. (CS(OS) 223/2008) and Dabur India Ltd. (CS(OS) 224/2008).

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