Himalaya Drug wins Liv 52 trademark battle

Nov 14 2012, 19:41 IST
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SummaryIt has come in evidence that mark LIV is essential feature of registered trade mark Liv.52.

the defendant (SBL) was unable to prove that it is a generic word and becomes common to the trade."

I a 32-page judgement, the court said it was pertinent to mention that on one hand, SBL Ltd's entire case is that mark 'LIV' is a generic word and is "unprotectable" in law, but on the other hand, "the defendant itself applied for registration of 'LIV-T' in the Trademarks Registry for getting the exclusive right ...Therefore, the findings arrived at by the single judge ...are not correct and the same are set aside."

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