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The Supreme Court of India recently passed a judgement in Wockhardt Ltd. Vs. Torrent Pharmaceuticals & Anr., through which it reaffirmed that the intention to defraud or deceive, or mens rea, should not be considered, to analyse misrepresentation in a case of passing off. INDUSLAWâ€™s V Srinivasa Raghavan, Aditi Verma Thakur and Anju Srinivasan analyse this case and the findings of the Supreme Court.