Cadila Healthcare Ltd. v Cadila Pharmaceuticals Ltd.

• Cadila Healthcare Ltd. manufactured and sold "Falcitab" (anti-malaria drug)
• Cadila Pharmaceuticals Ltd. manufactured and sold "Falcigo" (also an anti-malaria drug)
• Both companies had "Cadila" in their corporate names (originally one entity, later split)
• The drugs were sold in similar packaging and prescribed for the same ailment
• Cadila Healthcare sued for infringement and passing off claiming deceptive similarity between "Falcitab" and "Falcigo"

1. Whether the marks "Falcitab" and "Falcigo" are deceptively similar under S.2(1)(h) of the Trade Marks Act, 1999
2. What standard of comparison should apply to pharmaceutical products

• Nature of the marks (word, device, composite)
• Degree of resemblance (phonetic, visual, structural similarity)
• Nature of the goods (pharmaceutical = stricter test)
• Similarity of the nature, character, and performance of the goods
• Class of purchasers likely to buy the goods (educated vs. illiterate)

In pharmaceutical cases, the test of deceptive similarity must be applied with greater strictness than in cases of other consumer goods because: (a) the potential harm from confusion is far greater (health/life), (b) drugs are often purchased by illiterate persons on oral instructions, (c) even a small degree of phonetic or visual similarity can cause dangerous confusion, and (d) the consequences of purchasing the wrong medicine may be irreversible.