Blue Cross v. Alto: Bombay HC Slaps 10 Lakhs on Infringers
Pharmaceutical brand owners can effectively protect their market position by coupling trademark registrations with copyright protection for packaging artwork. In cases of blatant imitation, Indian courts prioritize the 'average consumer' test, finding deceptive similarity where there is phonetic and visual overlap. Defendants who fail to contest proceedings reinforce the presumption of dishonesty. Under the Commercial Courts Act, 2015, IP owners should proactively lead evidence on actual damages to move beyond nominal costs, ensuring their long-term investment in trade dress and brand identity is fully judicially recognized.