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The Supreme Court has expressed and rightly so in Cadila Health Care Ltd. versus Cadila Pharmaceuticals Ltd. (2001) SC that while dealing with cases in relation to passing off, one of the important tests which has to be applied in each case is whether the misrepresentation made by the defendant is of such a nature as is likely to cause an ordinary consumer to confuse one product for another due to similarity of marks and other surrounding factors but when medicinal products are involved, the t