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| Cadila moves SC against Dabur, Baidyanath on trademark |
| Press Trust of India / New Delhi Mar 18, 2009, 16:43 IST |
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Pharma major Cadila Healthcare has moved the Supreme Court seeking to restrain Dabur India and Shree Baidyanath Ayurved from using its trademark 'Sugar free', used for artificial sweeteners.
Cadila Healthcare, the manufacturer of artificial sweeteners, has challenged the Delhi High Court ruling that dismissed its plea alleging infringement of its trademark 'Sugar free', allegedly coined by the pharma company in 1988.
The company stated that the rival products were also targeting the same class of consumers -- diabetics and calorie-conscious -- and should be restrained from doing so.
The petitions further said that Baidyanath Ayurved Bhawan and Dabur had introduced sugar-free Chyawanprash and the former was marketing Chyawanprash granules wherein 'Sugar Free' was being emphasised and prominently written alongside Baidyanath in big and distinct letters.
Cadila said this would create confusion among consumers as to the source of the product and would result in dilution and blurring of the Cadila brand, the petition said, adding "once Sugar Free has acquired secondary meaning, reputation needs to be protected even though the words may be alleged to be purely descriptive."
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