| 2020-TIOLCORP-28-HC-MAD-IPR
ITC Ltd Vs Nestle India Ltd
Whether where the term 'magic' is not an invented or distinctive word & as it qualifies as laudatory word, such a term cannot be monopolised as it is common to the trade - YES: HC
Whether where the terms 'magic', 'magical' and 'masala' are all laudatory words, it is not open to any entity to claim monopoly over such words, despite there being a phonetic similarity between the words - YES: HC
Whether trade mark law permits an entity to dissect its label to conclude that another entity has copied the former's sub-brand, where the same was never conceived as a brand or trade mark by the former - NO: HC
Whether therefore charges of mis-representation of trade mark merit being dropped as there are no visual similarities between the wrappers of the competing brands, leaving no scope to infer passing off - YES: HC
- Civil Suit dismissed: MADRAS HIGH COURT
2020-TIOLCORP-27-HC-DEL-IPR
Sun Pharma Laboratories Ltd Vs BDR Pharmaceuticals International Pvt Ltd
Whether where medicinal products are involved, comparison of marks is stricter as confusion not only creates economic loss but can have adverse effect on health and life of person - YES : HC
Whether when marks LULIBET and LABEBET are compared as a whole, defendant's mark is phonetically, visually and structurally similar to that of plaintiff mark - YES : HC
- Order passed in favour of Plaintiff: DELHI HIGH COURT | 
