Delhi High Court restrains Glemark Pharmaceuticals from using “INDAMET” mark; grants injunction to Sun Pharma for its mark “INSTAMET”
The two competing marks “ISTAMET” and “INDAMET” are clearly structurally and phonetically similar, and when seen from the eyes of consumer of average intelligence having imperfect recollection, there are high chances of confusion and deception. Confusion surrounding the mode of administration of a drug can lead to misuse and potential health risks.