MERCK KGAA Vs. NATCO PHARMA LIMITED

JUDGEMENT

(1.) THIS is an action for infringement and passing off.

(2.) THE plaintiffs products sold under the said mark "OSTONATE" are calcium tablets. The defendants' products sold under the deceptively similar mark "OSTONAT" are kits containing 4 alendronic acid tablets USP & 24 calcium and colecalciferol tablets BP. The need to exercise greater caution against deception is, therefore, apparent.

(3.) THE plaintiff, however, is entitled to maintain and succeed in its action for infringement.