NEON LABORATORIES LTD. versus MEDICAL TECHNOLOGIES LTD. & ORS.

NEON LABORATORIES LTD. versus MEDICAL TECHNOLOGIES LTD. & ORS.

Respondents established prior user of the trademark PROFOL before Appellant commenced use of ROFOL, supporting a prima facie case for injunction. Balance of convenience and irreparable loss also favoured Respondents due to potential loss of goodwill. The 'first in the market' test was determinative.

Parties
Appellant: Neon Laboratories Ltd.; Respondent: Medical Technologies Ltd.; Respondent: Respondent No. 2
Jurisdiction
India
Judgment Date
05 October 2015
Procedural Posture
Civil Appeal / Appeal Against Interlocutory Order Granting Temporary Injunction
Outcome
Appeal dismissed
Legal Topics
Trade Marks, Passing Off, Temporary Injunction, Pharmaceutical Trademarks
Intellectual Property Law Trade Marks Passing Off Temporary Injunction Pharmaceutical Trademarks

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Neon Laboratories Ltd.

Appellant

Medical Technologies Ltd.

Respondent

Respondent No. 2

Respondent

Procedural Posture

Civil Appeal / Appeal Against Interlocutory Order Granting Temporary Injunction

Legal Issues

  1. 1 Whether prior registration of trade mark prevails over prior user for the grant of interim injunction in a passing-off action
  2. 2 Applicability of the 'first in the market' test in the pharmaceutical industry

Ratio Decidendi

Respondents established prior user of the trademark PROFOL before Appellant commenced use of ROFOL, supporting a prima facie case for injunction. Balance of convenience and irreparable loss also favoured Respondents due to potential loss of goodwill. The 'first in the market' test was determinative.

Court Disposition

Appeal dismissed

Orders

  • Temporary injunction in favour of Respondents to continue
  • No order as to costs