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2014 (3) TMI 595 - CESTAT NEW DELHIWaiver of pre deposit - SSI Exemption - Brand Name - Denial of benefit of Notification No. 8/2003-CE dated 1/3/2003 - Held that:- Appellants have written the expression Marketed By DERMEN PHARMACEUTICALS, Promoted by UNISHARP PHARMACEUTICALS, Manufactured for DYMIX PHARMACEUTICALS (P) Ltd., Manufactured Under 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 it was held that, Merely because the goods are distributed by some other Company/Agency and their name and logo are printed on the cartons of specified goods, it cannot be said that they are identified with the user of the brand-name in question. - Stay granted.
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