Similar Trademark For Drug Treating The Same Ailment But Having Different Composition From Already Registered Trademark Is Deceptive: Bombay High Court

In a recent judgment, Justice Firdosh P. Pooniwala granted ad-interim relief in a trademark dispute between Zita Pharmaceuticals Pvt. Ltd. (the Plaintiff) and Xigma Pharmaceuticals Pvt. Ltd. (the Defendant). The case falls under the purview of the Trade Marks Act, 1999. Case Background: The Plaintiff, Zita Pharmaceuticals, filed a suit against Xigma Pharmaceuticals alleging trademark infringement. Zita Pharmaceuticals claimed that Xigma Pharmaceuticals' mark "XIGAMET" was deceptively similar to their registered…