After considering the arguments, though the Court found that material facts were indeed concealed, it added that the two marks are deceptively similar and given the fact that the goods in question are medicinal goods, Sun will be entitled to ad-interim relief.
The judge added that in a medicinal good, the right of not only the private litigants but also public interest has to be kept in mind and given prominence, because even a remote chance of deception or confusion may lead to disastrous consequences for unwary consumers.
“Therefore, in spite of the concealment and misstatement of the plaintiff, the plaintiff shall be entitled to an ad-interim relief if the marks of the medicinal goods are deceptively similar to each other,” the Court said.
Source: Barandbench
