trademark
Alkem v. Numen: Bombay HC on Pharma Trademark Confusion
In the recent case of Alkem Laboratories v. Numen Pharma, the Bombay High Court clarified the high standard for pharmaceutical trademarks in India. By applying the bare possibility test, the court reinforced that in the drug industry, even a remote risk of confusion is sufficient to warrant an injunction. The ruling highlights that phonetic similarity and the overall commercial impression of marks take precedence over technical arguments about different drug classes. For companies, this serves as a stern reminder that patient safety overrides minor differences in pharmaceutical branding and composition.