After 15 years the Delhi High Court finally decided that the homoeopathic firm SBL Limited infringed the trademark by coming up with its own preparation named as Liv-T. SBL Ltd is now restrained from using the mark LIV as part of its trade mark LIV-T while dealing with the medicinal preparations.
The court while setting aside its single judge bench judgement granted six months to SBL Ltd to “liquidate” existing stock of Liv-T.
According to the court presence of mark ‘LIV’ which is an essential feature of the mark Liv.52 shall be considered for the purposes of comparison with that of LIV-T. During the hearing, SBL Limited had said the word ‘LIV’ is “generic and common to the trade as medicines in question manufactured and marketed by both parties are meant for treatment of liver.
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