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september 2018

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.

Wockhardt Limited vs Torrent Pharmaceuticals Limited · Niyam