In a suit for trademark infringement and passing off filed by Sun Pharma Laboratories Ltd. for its mark GLOEYE against Ajanta Pharma Ltd, which was using GLOTAB, the Delhi High Court held that principles laid down in Cadila in respect of medicines and pharmaceuticals would be equally applicable to Nutraceuticals and nutritional supplements. In Cadila judgment, the Supreme Court inter alia held that a stricter test needs to be applied for determining confusion and deception. The Court granted an interim injunction against the Defendant’s use of the trademark GLOTAB.
Test for determining trademark similarity for nutraceutical products is the same as the test applicable for pharmaceutical by Omesh Puri http://www.mondaq.com/article.