In Brief
Wockhardt Limited appealed against a High Court Division Bench's decision granting interim injunction to Torrent Pharmaceuticals in a passing-off dispute over the drug trademarks 'CHYMORAL'/'CHYMORAL FORTE' versus 'CHYMTRAL'. The Supreme Court rejected Wockhardt's appeal, holding that the Single Judge had erred by importing a requirement of fraud into passing-off law. Fraud is not necessary; the defendant's state of mind is irrelevant once imitation is established. The Division Bench properly identified errors of law and correctly held all three passing-off tests were satisfied: reputation (from 1988 onwards with substantial sales), misrepresentation (deceptive similarity), and likelihood of injury. The acquiescence defence failed for lack of positive, weighty material. The Court noted Wockhardt had already switched to 'Chymowok' with strong sales, favouring the injunction's continuation.
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