In this Notice of Motion, the Bombay High Court considered the question of deceptive similarity, acquiescence and balance of convenience and decided in favour of the plaintiffs on all questions. Background: The plaintiff, EMCURE Pharmaceuticals, registered the marks OROFER and OROFER- XT in October, 1996 as word marks in Class 5 (medicinal or pharmaceutical preparations for iron deficiency, anaemia, etc.). The product in question is a film coated tablet or capsule prescribed as an iron supplement by orthopaedics and folic...
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