https://www.taxtmi.com/caselaws?id=198648 In a passing off dispute over medicinal products, interlocutory relief depends on whether the rival marks are deceptively similar so as to create a real likelihood of confusion, with a stricter approach applied because confusion in medicines may have harmful consequences. The marks "NIFTAS" and "NIFTRAN" were found not materially similar phonetically or visually, and the products also differed in packaging, form, price, and release profile. The plaintiff's unexplained delay in approaching the court further weighed against ad interim protection. Interim injunction against use of the mark was refused, with only limited protective directions concerning accounts and packaging changes. en-us Tue, 23 Aug 2011 00:00:00 +0530 Tue, 06 Feb 2018 18:25:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198648 In a passing off dispute over medicinal products, interlocutory relief depends on whether the rival marks are deceptively similar so as to create a real likelihood of confusion, with a stricter approach applied because confusion in medicines may have harmful consequences. The marks "NIFTAS" and "NIFTRAN" were found not materially similar phonetically or visually, and the products also differed in packaging, form, price, and release profile. The plaintiff's unexplained delay in approaching the court further weighed against ad interim protection. Interim injunction against use of the mark was refused, with only limited protective directions concerning accounts and packaging changes. Case-Laws Indian Laws Tue, 23 Aug 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198648