2014 (3) TMI 595

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..... der Technical Guidance of K.M.S. PHARMACEUTICALS and Sale in Association with ZEE PHARTMA etc. The lower authorities have held that such writing of words indicate a connection with the general public and would be covered by the definition of brand names - Following decision of DCI Pharmaceuticals Pvt. Ltd. vs. Supdt. Of C. Ex. (Div.), Panaji [1999 (3) TMI 90 - HIGH COURT OF BOMBAY AT GOA] wherein .....

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..... he ground that they have used the brand name of other manufacturers. 2. After hearing both the sides and ongoing through the impugned order of Commissioner (Appeals), we find that the above decision stands arrived at by the lower authorities on the ground that the appellants have written the expression Marketed By DERMEN PHARMACEUTICALS, Promoted by UNISHARP PHARMACEUTICALS, Manufactured for DYM .....

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..... n where the drugs were admittedly being manufactured for another pharmaceutical company under their brand name and alongwith the brand name, the logo of the other pharmaceutical company was also being put. As such, we find that the said decision in GCM Labs is not applicable. 4. We also note that in identical facts and circumstances, unconditional stay was granted to another appellant in the cas .....

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