trademark
Blue Cross Wins MEFTAL-SPAS Trademark Case in Bombay HC
The Bombay High Court has issued a permanent injunction in favor of Blue Cross Laboratories, halting the sale of 'MEFIAL-SPAS' by Alto Healthcare. This case serves as a masterclass in pharmaceutical IP enforcement, combining trademark infringement and copyright claims to protect a long-standing brand identity. With a significant cost award of Rs. 10 Lakhs, the court reaffirmed its strict stance against blatant imitators. This article examines the court’s application of the deceptive similarity test, the importance of registering packaging artwork, and the consequences of failing to contest commercial IP litigation.