Summary
- High Court of Delhi bench of Justice Tejas Karia in Glaxosmithkline Pharmaceuticals Ltd. vs Zee Laboratories Limited
- Whether the Defendant's use of the Marks 'FEXIT', 'FEXIT-B', and 'FEXIT-M' constitutes trademark infringement and passing off against the Plaintiff's Mark 'PHEXIN'
- Court observed that the Defendant's Marks are deceptively similar to the Plaintiff's Mark, causing a likelihood of confusion among consumers
- The Plaintiff established substantial goodwill and reputation in its Mark, and confusion between medicinal products may have dire effects on public health
- This judgment reinforces the principle that deceptive similarity in pharmaceutical trademarks warrants a stricter approach to protect public interest.
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