Milmet Oftho Industries v. Allergan Inc. (2004) 12 SCC 624
personSonu Choudhary
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Milmet Oftho Industries v. Allergan Inc. (2004)||Case Study||Concept of Passing off
Facts
A suit was instituted by the respondents for an order of injunction based on action for passing off restraining the appellants from using the mark "OCUFLOX".
The said mark was allegedly used by the respondents prior to the appellants and also has been registered in various countries except India, though applied for registration.
Although the ad interim injunction was issued by the District Court, the High Court vacated this order by observing that the goods of respondents were not being sold in India and the appellants were the first to introduce the product in India.
Issue
Whether the High Court was right in vacating the injunction order.
Ratio Decidendi
While determining the likelihood of deceiving or confusing the nature of the trademark, the Court shall consider the worldwide presence and reputation of the goods.
However, the above consideration shall not devoid an Indian company or product if the Multinational Corporations or products do not intend to come into the Indian market.
N.R. Dongre v. Whirlpool Corporation Ltd. 1996- Passing off action is maintainable even against the owner of a registered trademark.
In the present case, if the same mark were to be used as a medicinal product in the same market, hence would cause confusion and deceive the purchaser which may lead to great harm by passing off the goods and their use.
Decisions
For now, the injunction order is maintainable.
The question as to who had introduced their product first is a matter of evidence, which the court shall determine.