Case Note & Summary
The plaintiffs, Serum Institute of India Pvt. Ltd. and another, filed a suit for trademark infringement and passing off against the defendants, Yohan Tengra and others, seeking an interim injunction to restrain the defendants from using the mark 'COVISHIELD' or any deceptively similar mark in relation to pharmaceutical products. The plaintiffs are the registered proprietors of the trademark 'COVISHIELD' for vaccines, including the COVID-19 vaccine. The defendants were using the same mark for pharmaceutical products, which the plaintiffs alleged would cause confusion and dilute their mark. The court considered the plaintiffs' application for interim relief and the defendants' applications for vacation of the ad-interim order. The court found that the plaintiffs had made out a prima facie case of infringement and passing off, as the marks were identical and the goods were similar. The balance of convenience was in favor of the plaintiffs, and they would suffer irreparable loss if the injunction was not granted. The court granted an interim injunction restraining the defendants from using the mark 'COVISHIELD' or any deceptively similar mark pending the disposal of the suit. The court also directed the plaintiffs to file an undertaking regarding damages.
Headnote
A) Trademark Law - Infringement - Section 29 Trade Marks Act, 1999 - The court considered whether the defendants' use of the mark 'COVISHIELD' for pharmaceutical products infringed the plaintiffs' registered trademark 'COVISHIELD' for vaccines. The court held that the plaintiffs had made out a prima facie case of infringement as the marks were identical and the goods were similar, leading to a likelihood of confusion. (Paras 1-48) B) Trademark Law - Passing Off - The court examined whether the defendants' use of the mark 'COVISHIELD' amounted to passing off. The court held that the plaintiffs had established a prima facie case of passing off due to the reputation and goodwill associated with the plaintiffs' mark and the likelihood of deception. (Paras 1-48) C) Civil Procedure - Interim Injunction - Order 39 Rules 1 and 2 CPC - The court assessed the balance of convenience and irreparable loss. The court held that the balance of convenience was in favor of the plaintiffs and that they would suffer irreparable loss if the injunction was not granted, as the defendants' use would dilute the plaintiffs' mark and cause confusion. (Paras 1-48)
Issue of Consideration
Whether the plaintiffs are entitled to an interim injunction restraining the defendants from using the mark 'COVISHIELD' or any deceptively similar mark in relation to pharmaceutical products, pending the disposal of the suit.
Final Decision
The court granted an interim injunction restraining the defendants from using the mark 'COVISHIELD' or any deceptively similar mark in relation to pharmaceutical products, pending the disposal of the suit. The plaintiffs were directed to file an undertaking regarding damages.
Law Points
- Trademark Infringement
- Passing Off
- Interim Injunction
- Prima Facie Case
- Balance of Convenience
- Irreparable Loss
- Section 29 Trade Marks Act
- 1999
- Section 134 Trade Marks Act
