Article
When "Slightest Possibility" Meets Burden Of Proof: Delhi High Court's Bevatas v. Bevetex Ruling
In a recent ruling concerning trademark infringement in pharmaceuticals, a Division Bench of the Delhi High Court set aside a permanent injunction that restrained Intas Pharmaceuticals from selling its anti-cancer drug under the mark BEVATAS. The decision is significant for two reasons. First, it pushes back against the principle of “even the slightest possibility of confusion” which is standard in pharmaceutical cases due to the Supreme Court’s ruling in Cadila Healthcare (2001).
S.S. Rana & Co. Advocates