The Bombay High Court has permanently restrained RB Remedies Pvt. Ltd. and Origin Formulations Pvt. Ltd. from manufacturing or selling cough syrup under the brand name ‘CEFDON’, ruling that it is deceptively similar to ‘CEDON’, a mark used by Blue Cross Laboratories. The court also directed the companies to pay ₹10 lakh as cost within eight weeks. The order was passed by Justice Arif S. Doctor on December 16.
The dispute dates back to 2014 when Blue Cross, which has been using the trademark ‘CEDON’ for its dry cough syrup since 2004 and holds a valid registration dating back to 1996, discovered that RB Remedies was marketing a cough syrup under the name ‘CEFDON’. A cease-and-desist notice was issued in August 2014, but the rival company continued using the mark.
Appearing for Blue Cross, advocate Vinod Bhagat, argued that the adoption of the mark was deliberate and dishonest. He told the court, “The defendants’ use of the impugned mark ‘CEFDON’ is clearly mala fide and dishonest. They are attempting to encash on goodwill and reputation.”
Mr. Bhagat pointed out that the entire registered trademark ‘CEDON’ was embedded in the rival mark and relied on Supreme Court precedent in K.R. Chinna Krishna Chettiar v. Shri Ambal & Co. to stress that deceptive similarity must be judged by overall impression, including phonetic resemblance.
