An action for passing-off was brought by the plaintiff in respect of a pharmaceutical trade mark which was yet to be used by it in India. The principal question was whether the plaintiff’s unregistered trademark ‘MUCOSOLVAN’ was deceptively and confusingly similar to ‘MUCOSOLVIN’. Both the marks were used on cough syrup bottles. The defendants had been injuncted from using the mark MUCOSOLVIN by an interim order by this Court and the present application was filed to vacate that order. Justice...
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