Case Law Analysis
|Bombay High Court
Trademark Infringement | Prefixing 'AB' to 'SUN' Creates Deceptive Similarity & Passing Off : Bombay HC
The Bombay High Court ruled that 'ABSUN PHARMA' is deceptively similar to 'SUN PHARMA', constituting trademark infringement and passing off under Section 29(4) of the Trade Marks Act and common law. Exporting goods to Africa does not exempt the defendant from liability in India, reinforcing that consumer confusion in the domestic market is the decisive factor.