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TMI Blog2014 (10) TMI 407X X X X Extracts X X X X X X X X Extracts X X X X ..... ng printed on the wrapper and cover (container) of the medicine cleared by the appellant. Therefore, brand name of the market leader brings out distinction to deny SSI exemption to the appellant. - On perusal of the wrapper of capsule, it is noticed that first three letters of drug resembles with the first three letters of market leader appealing to commons sense that the drug has inherent intimac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on a product it gives impression to the public that the product is qualitative having connection with the brand leader. In the case of the appellant, a market leader s name is symbolically impressed on the cover and wrapper of the drug. In this case, symbol gives impression to the public that M/s. Oyster Lab Ltd. is market leader and markets product in the market under its brand name. This factua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... either on the credentialilty of manufacturer or a marketer. 5. We do appreciate name of medicine has been printed on wrapper and cover which is the name by which the drug manufactured by the appellant is known in the market. Apart from that appellant failed to justify the reason why it preferred to print symbol of the market leader as well as the name of the said marketer has been printed on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wned by other the benefit of the Notification would not applicable. The goods manufactured by the Appellant were sold by one marketing concern M/s. Medo Pharm, Madras. The marketing concern s monogram was also affixed on the packing. The Notification dated 1-3-1993 says that the benefit would not be available if the manufacturer affixes brand name of another person on the specified goods. The lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ature. This is at public interest and no one can be enriched at the cost of public when the claimant of the benefit of Notification does not contribute of the spirit of the Notification and fails to satisfy the condition thereof. 8. On perusal of the wrapper of capsule, it is noticed that first three letters of drug resembles with the first three letters of market leader appealing to commons se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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