Issues of passing off and copyright violation shadow the
Indian litigation scenario today more than ever before. As
corporations and companies increasingly value their
intellectual property, the spite amongst rivals seems to be on
the rise. In such an event, it is necessary that the Courts
witness and adopt a rationale, that creates a balance between
sensitive particulars and pronouncements, while administering
justice. Eye-witnessing such a judicial stance is the case of
Dr. Reckeweg and Co. Gmbh & Anr. v . Adven Biotech
Pvt. Ltd. (CS (OS) 1189/2007)
DR. Reckeweg. filed a suit for an ad-interim order to
restrain Adven Biotech from passing off and infringing their
copyright, by using the identification numbers in respect of
homeopathic medicines which are claimed to be deceptively
similar to Reckeweg' marks. Reckeweg is a company
incorporated under the laws of Federal Republic of Germany,
