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Trademark Protection In Ayurveda: Delhi High Court Clarifies Deceptive Similarity And Dominant Features
The main question before the Court was whether the respondent's mark "ACTIVEPUSHPA" was deceptively similar to the petitioner's earlier registered mark "HEMPUSHPA" under Sections 9 and 11 of the Trademarks Act. Indian courts treat trademark protection in the pharmaceutical and ayurvedic sectors with special care because it affects consumer health and safety. The Delhi High Court's decision in Rajvaidya Shital Prasad and Sons vs Karna Goomar & Anr. adds to this area of law by examining deceptive similarity..
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