Test for infringement, passing off same for nutraceuticals, pharmaceutical products: Delhi HCMay 14 2019
The Delhi High Court has held that the test for infringement and passing off applicable to pharmaceutical products would be applicable to nutraceuticals as well.
The mere fact that these products are nutraceuticals or nutritional food supplements is not convincing enough for adoption of a less stringent test for infringement and passing off, the Court has observed.
The order was passed by a Single Judge Bench of Justice Prathiba M Singh in a suit pertaining to the use of the trademarks . . .
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