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Jul 21, 2009, 08.50 AM IST | Source: Business Line

Cadila loses trademark case against Wallace Pharma

Cadila Healthcare Ltd has lost a case for the use of its brandname Mexate against Wallace Pharmaceuticals Pvt Ltd, according to a press release.

Cadila loses trademark case against Wallace Pharma

Ahmedabad, July 20

Cadila Healthcare Ltd has lost a case for the use of its brandname Mexate against Wallace Pharmaceuticals Pvt Ltd, according to a press release.

Both Cadila and Wallace were the registered owners of the disputed trademark. As per Sec 28(3) and 30(2) of the Trade Marks Act, 1999, one registered owner cannot file a suit for infringement of trademark against another registered owner and hence, the case of infringement became redundant.

The judgment was based on similarities or dissimilarities of the mark, overall get-up, packing material and other factors. Prices of both the products and class of the purchaser were also considered, according to the release.

Wallace sells its product in a cardboard box, whereas Cadila sells it in a foil pack. As the overall getup and packing material were different in both the products, it was declared that there could be no confusion in their marketing.

It is general practice to adopt the mark from the name of the drug. Cadila’s mark is Mexate, an abbreviation of Methotraxate. Wallace’s mark is Mext, an abbreviation of Methotraxate. Therefore, Cadila cannot claim monopoly over the mark which is an abbreviation of a basic drug, said the release.

Taken from Business Line

thehindubusinessline.in

Cadila Health stock price

On October 20, 2014, Cadila Healthcare closed at Rs 1359.75, up Rs 34.90, or 2.63 percent. The 52-week high of the share was Rs 1384.00 and the 52-week low was Rs 650.00.


The company's trailing 12-month (TTM) EPS was at Rs 37.15 per share as per the quarter ended March 2014. The stock's price-to-earnings (P/E) ratio was 36.6. The latest book value of the company is Rs 177.28 per share. At current value, the price-to-book value of the company is 7.67.

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