AGLOWMED LTD Vs. NEOMED HEALTHCARE

JUDGEMENT

(1.) THE suit is filed for infringement of the Plaintiffs' registered label mark of which the word "PANCEF-O" promptly is a prominent feature. The suit is also filed for infringement of the Plaintiffs' copyright inter-alia in its cartons at Exhibits "C" to "G" of the plaint.

(2.) THE Defendants have used the mark "NCEF". Prima-facie there is infringement of the Plaintiffs' trade mark. I say so not merely because the letters "NCEF" appear in the Plaintiffs' mark "PANCEF-O". There is a distinct possibility of phonetic similarity between two words if the Defendants' products sold under the said mark is attempted to be purchased by pronouncing it as a whole and not by spelling out each letter. There is thereby a distinct possibility of the Defendants' products being confused with the Plaintiffs' products.

(3.) THE Defendants' artistic work on their cartons also bears a very close resemblance to the artistic work of the Plaintiffs at Exhibits "C", "F" and "G" respectively. Prima-facie it appears that there is an intention to infringe the Plaintiffs' copyright. This is especially clear from Exhibit "G" where there is not even an attempt to make any substantial change from the Plaintiffs' artistic work.