“In The field of Health Care and pharmacy ,diagnostics ,etc. confusion has to be avoided” –The High court of Delhi
Title-Max healthcare institute limited Vs Maxi cure Hospital & anr.
DECIDED ON -02/11/2023
+CS (COMM) 789/2023
CORAM-JUSTICE PRATHIBA M. SINGH
INTRODUCTION
The high court of Delhi views that in the field of health care and Pharmacy, Diagnostics, etc. confusion has to be avoided. As the plaintiff has filed a suit for seeking Permanent Injunction Restraining the Defendants from using the infringing marks/name MAXI CURE HOSPITAL< MAXI CURE PHARMACY and domain name www.maxicurehospital.com in the plaintiff marks/name MAX.
FACTS
According to the facts the plaintiff run the hospital chain named as MAX. The present case is that the Defendant is operating an hospital in the name of MAXI CURE HOSPITAL in 2 locations at Telangana. whereas the plaintiff is one of the pioneers in the health industry and opened its first medical centre in the year 2000 at Panchsheel Park, Delhi and thereafter has been expanded more than 13 hospital/ health care centers in different states like Delhi, Punjab, Uttarakhand, Uttar Pradesh etc. they also organizes regular health camps and health awareness program and has treated more than lakh patients. The plaintiff mark ‘MAX’ is been used in several variants such as MAX HOSPITAL, MAX HEALTHCARE, MAX PHARMACY, etc. for which plaintiff has granted registration for MAX and its variants dating back in the year 2001. Whereas the plaintiff states that the online comment reviews in respects of the defendant would show that the patent community is extremely disappointed with the service and by the usage of the plaintiffs mark MAX, for such service rendered by the Defendants, even with a suffix would lead to dilution and erosion of Goodwill of the Plaintiff as it is possible that the patient community may presume that the defendants hospital is also one of the Branch of the plaintiff’s chain hospitals. Whereas the plaintiff states that it has taken repeated actions against misuse of the MAX as various marks and named used for hospitals and pharmacies which have been injuncted earlier.
THE COURT ANALYSIS AND DECISIONS
The Hon’ble Court after perused the plain, the documents and the previous orders passed by courts protecting plaintiffs right, prima facie this court is of the view that in the field of healthcare and pharmacy, diagnostics etc. confusion has to be avoided as in the present case the defendants mark/name MAXI CURE the essential and the prominent features is the mark/name of MAX which is been registered trademarks of the plaintiff due to which it is impinging upon the plaintiffs statutory and common law rights as well as adversely affecting the large interest of the patient community. As thereof plaintiff made a prima facie case for grant of interim injunction and it lies in the favour of the plaintiff and its been granted by the hon’ble court . the Hon’ble court also restrained the defendants and anyone from using mark/name MAXI CURE or any other name which consist of plaintiffs mark/name for a hospital and also during the interrogation the Defendant shall not open any fresh health centre /hospital or any expansion under the infringing mark/name , then compliance of order 39 rule 3 of CPC be completed within one week and the replying to the application be filed within four weeks from the service of the present order along with the paper book.
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Written by – Prachee novo mukherjee
