SC rejects Cadila plea on trademark dispute

The Supreme Court today declined relief to pharma major Cadila Healthcare over trademark dispute on its gastro-segment drug Ocid with Rajasthan-based company Speciality Meditech.

A bench comprising justices Dalveer Bhandari and Deepak Verma, rejected the company plea challenging the Gujarat High Court order in June 2010 that refused to restrain Speciality Meditech from selling drug under 'DOMOCID' trade mark.

Cadila had moved the apex court after the high court refused to intervene in a trail court proceedings in Ahmedabad where the matter is still pending and which had in its interim order refused to restrain the rival company.

The Supreme Court also asked the pharma major to raise all the arguments regarding alleged violation of its trademark before the trail court.

The bench also directed the trail court to complete its hearing within a year and pass order.

The phrama major has alleged that trade mark 'DOMOCID' isdeceptively similar to its registered trade mark 'OCID' and was a case of infringement.

It had further contended that being a proprietor of the mark, it has exclusive right to use the mark and that the mark is said to be infringed in case of use of identical marks or similar marks even though there is no misrepresentation.

Rejecting Cadila's prayer, the high court had said," In the present case, impugned drug 'DOMOCID' is not deceptively similar to 'OCID'. It noted that the products were not similar and packing and price were also not similar".

The high court had further said that the trial court had rightly exercised discretion by refusing to grant injunction against Speciality Meditech.