2017-TIOLCORP-83-HC-DEL-IPR
Glaxo Group Ltd Vs AAR ESS Remedies Pvt Ltd
Whether use of trademark FORTAZ infringes already existing registered trademark FORTAM in same field of business as replacement of word 'M' with ‘Z' does not create a new mark - YES : HC
Whether use of mark FORTAZ in India by infringing party would infringe the rights of a proprietor of trademark FORTAZ who use it for a similar drug globally in other countries - YES : HC
Whether use of trade dress which is similar to the design and pattern of existing drug package amounts to infringement - YES : HC
- Order passed in favour of Plaintiff: DELHI HIGH COURT