https://www.taxtmi.com/caselaws?id=105387 Passing off actions involving medicinal products require a stricter scrutiny because even a possibility of confusion may seriously endanger health. The court must assess deceptive similarity by comparing the marks as a whole and by asking whether an ordinary purchaser of average intelligence and imperfect recollection is likely to be misled. Greater weight attaches to phonetic and visual resemblance, the nature and character of the goods, the class of purchasers, the mode of purchase, and surrounding circumstances. Differences in get-up or isolated components cannot dilute overall similarity where the marks sound or look alike. en-us Mon, 26 Mar 2001 00:00:00 +0530 Mon, 27 Apr 2020 10:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=105387 Passing off actions involving medicinal products require a stricter scrutiny because even a possibility of confusion may seriously endanger health. The court must assess deceptive similarity by comparing the marks as a whole and by asking whether an ordinary purchaser of average intelligence and imperfect recollection is likely to be misled. Greater weight attaches to phonetic and visual resemblance, the nature and character of the goods, the class of purchasers, the mode of purchase, and surrounding circumstances. Differences in get-up or isolated components cannot dilute overall similarity where the marks sound or look alike. Case-Laws Indian Laws Mon, 26 Mar 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=105387