Mere similarity not enough to succeed in passing-off action

India

In Torrent Pharmaceuticals Ltd v Wockhardt Ltd, the Bombay High Court dismissed Torrent’s application for an interlocutory injunction against Wockhardt and held that mere similarity is not enough to succeed in a passing-off action at an interlocutory stage. This decision highlights that other aspects can become a factor in a core passing-off claim and simply demonstrating high sales may not prove goodwill and reputation.

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