Modicare Limited v. Maa Adishakti Multi Trade Enterprises & Ors.

Court

Delhi High Court

Date of judgment

13 October 2023

Outcome

Suit decreed

Headnote

Summary judgment under Order XIII-A CPC and the suit decreed with a permanent injunction against the WELL formative marks and costs of Rs. 11,63,650. Following Cadila and Sun Pharma v. Ajanta, the Court held that nutraceuticals and wellness products are to be treated on par with pharmaceuticals when testing for confusion, because both address specific ailments, both are meant to improve health, and the consumer profiles are the same; the fact that a product derives from plant ingredients does not justify a more lenient test. Any chance of confusion in nutrition and wellness products ought therefore to be avoided. The Court expressly clarified that the decree recognises no monopoly in the word WELL.

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Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.