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Patent
Trademark
Copyright
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Court / Tribunal
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Petitioner / Claimant (Plaintiff)
franco indian research pvt ltd
Respondent / Defendant
unichem laboratories ltd
Dispute Summary
Franco Indian Research Pvt. Ltd. (Franco) sued Unichem Laboratories Ltd. (Unichem) for trademark infringement, alleging that Unichem's use of 'EVACAL' on calcium preparations infringed Franco’s registered trademark 'EVACUOL' for laxatives. The Bombay High Court considered whether the similarity between the marks created a likelihood of consumer confusion given they were both pharmaceutical products.
Outcome / Ruling
The Bombay High Court granted an interim injunction restraining Unichem from using 'EVACAL', allowing them to sell existing stock for six weeks but prohibiting further manufacture under that mark.
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