Milmet Oftho Industries v. Allergen Inc (2004) 12 SCC 624

Milmet Oftho Industries v. Allergen Inc (2004) 12 SCC 624

 

FACTS

The respondent was using the TM ‘OCUFLOX’ globally and their TM application in India was pending. Milmet Oftho was a pharma company selling eye/nasal drop by the name ‘OCUFLOX’ in India, and their TM application in India was also pending. The respondent filed a suit for injunction against the passing off of their product.

 

ISSUE

 Is there infringement ?

 

HELD

High Court – the product of the defendant was not sold in India and hence they were not entitled to an injunction- the plaintifff company sold the eye drop in Indian market.

Appeal DV HC – Decision reversed – the respondents were the first to enter the market and hence they were entitled to injunction

Supreme Court – followed guidelines laid down in  Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd. – in case of medical products, stricter standards are needed cause the potential harm in case of confusion is far more dire than in a case of normal products.

 If a mark in respect of a drug is associated with the Respondents worldwide it would lead to an anomalous situation if an identical mark in respect of a similar drug is allowed to be sold in India.

In the present case, it was irrelevant that the mark was not used in India- it was enough that the defendant was the first to enter the market globally.

 

Video Summary https://www.youtube.com/watch?v=tazZvmBxCjg&list=PL-1DBVyVi7EaCojbQa5_XKBVJqA1y1REh&index=4