Test For Comparing Trademarks Of Medicinal Products Far Stricter As Any Confusion Would Result In Public Injury: Delhi High Court

The Delhi High Court has said that the test for comparison of two trademarks related to medicinal products needs to be far stricter than the one applied to other goods, as any confusion in the same would result in public injury.Justice Navin Chawla made the observation while granting ad interim injunction in favour of FDC Limited, a pharmaceutical company, in its trademark infringement. The Delhi High Court has said that the test for comparison of two trademarks related to medicinal products needs to be far stricter than the one applied to other goods, as any confusion in the same would result in public injury. Justice Navin Chawla made the observation while granting ad interim injunction in favour of FDC Limited, a pharmaceutical company, in its trademark infringement suit against Nilrise Pharmaceutical Limited, seeking protection of its registered mark "ZIPOD". "In the present case, since the defendants have not been able to satisfactorily show that they are the user of the impugned mark since 2014, and even otherwise would be the later entrant into the market, and the two marks are phonetically and visually similar, the use of the impugned mark of the defendants "ZOYPOD" is liable to be restrained," Justice Chawla said in an order passed on September 23.