Executive Summary
The Delhi High Court granted an interim injunction favoring Sun Pharmaceutical Industries Ltd against Dwd Pharmaceuticals Ltd. The court found that the Defendant's use of the deceptively similar trademark 'FOLZEST' infringed upon the Plaintiff's registered mark 'FORZEST'. Recognizing the potential for irreparable harm, the court restrained the defendant from selling or manufacturing the infringing product until further hearing. Furthermore, a Local Commissioner was appointed to inspect and seize all medicines bearing the impugned mark.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Delhi High Court - Orders. Understanding the court's reasoning in Sun Pharmaceutical Industries Ltd vs Dwd Pharmaceuticals Ltd is valuable context for structuring arguments or assessing risk in similar proceedings.
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