Supreme Court of India · 2018-09-12
Wockhardt Limited vs Torrent Pharmaceuticals Limited
- Citation / case number
- AIR 2018 SUPREME COURT 5106
- Court
- Supreme Court of India
- Petitioner
- Wockhardt Limited
- Respondent
- Torrent Pharmaceuticals Limited
- Author
- R.F. Nariman
- Bench
- Indu Malhotra, R.F. Nariman
Judgment text excerpt
The Supreme Court addressed an appeal concerning trademark infringement and passing off related to the trademarks 'CHYMORAL' and 'CHYMORAL FORTE'. The Division Bench reversed the Single Judge's decision, establishing that the Plaintiff had demonstrated the requisite elements for passing off: reputation, misrepresentation, and likelihood of damage, as per the tests laid out in prior case law. The Court held that the similarity between the trademarks could cause confusion, thus granting the injunction in favor of the Plaintiff.