There have been many recent trademark cases (e.g. Merck Kgaa & Anr vs Abhinav and Ashok Trading, 2014- where Carbophar was held to be deceptively similar to the trademark Carbophage and a permanent injunction was granted.) surrounding infringement suits over trademarks related to medicines. Trademark law assesses similarity of marks from the lens of an ‘average man of ordinary intelligence’ who has ‘imperfect recollection’. Though a critical comparison of two trademarks may disclose points of differences, their overall similarity may...
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