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The Bombay HC ordered rectification of LEFOXIN BIOX, holding it deceptively similar to Glaxo's 1956 LANOXIN mark under the stricter Cadila pharma test. Export sales constitute use in India under Section 56(1), but removal is deferred to December 31, 2026 for rebranding.
The Bombay High Court granted a permanent injunction against Zenlabs India for using 'ZENOX' on pharmaceuticals, finding it deceptively similar to Glenmark's registered mark 'ZINOX'. The ruling reinforces that minor spelling variations in drug trademarks can constitute passing off when consumer confusion is likely, setting a clear precedent for brand protection in the pharma sector.
Bombay HC reinstates an interim injunction against 'ESIRAFT', ruling that phonetic similarity with 'RACIRAFT' creates consumer confusion in pharmaceuticals, even with a shared generic suffix. The court strictly applied the Cadila Health Care test, emphasizing heightened scrutiny for drug-related trademarks to prevent public health risks.
Bombay HC rules that pharmaceutical trademarks require the 'lowest threshold of confusion' to protect public health, granting interim injunction against LIVOGEM for its deceptive similarity to LIVOGEN. The judgment reinforces strict scrutiny for marks in the pharmaceutical sector, where even minor confusion can pose significant risks.