The Hindu Business Line : Cadila loses trademark case against Wallace Pharma

Ahmedabad, July 20 Cadila Healthcare Ltd has lost a case for the use of its brandname Mexate against Wallace Pharmaceuticals Pvt Ltd, according to a press release.

Both Cadila and Wallace were the registered owners of the disputed trademark. As per Sec 28(3) and 30(2) of the Trade Marks Act, 1999, one registered owner cannot file a suit for infringement of trademark against another registered owner and hence, the case of infringement became redundant.

The judgment was based on similarities or dissimilarities of the mark, overall get-up, packing material and other factors. Prices of both the products and class of the purchaser were also considered, according to the release.

Wallace sells its product in a cardboard box, whereas Cadila sells it in a foil pack. As the overall getup and packing material were different in both the products, it was declared that there could be no confusion in their marketing.

It is general practice to adopt the mark from the name of the drug. Cadila’s mark is Mexate, an abbreviation of Methotraxate. Wallace’s mark is Mext, an abbreviation of Methotraxate. Therefore, Cadila cannot claim monopoly over the mark which is an abbreviation of a basic drug, said the release.

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