Case Title: Apollo Hospitals Enterprises Ltd v Dr Dheeraj Saurabh
Case No: C.S. (Comm.Div.) No.55 of 2023
Decided on: 20th November, 2023
CORAM: THE HON’BLE MR. JUSTICE ABDUL QUDDHOSE
Facts of the Case
Apollo Hospitals Enterprises Ltd. found in July 2022 that the defendant was using a confusingly similar mark for its hospital business, with flagrant disrespect for intellectual property rights. Apollo filed a prohibition notice, requesting that the defendant stop using the infringed trademark, and quickly notified the court of the infringement. The defendant ignored the warning and would not admit to any misconduct or stop using the disputed mark.
In defense, Apollo highlighted the calibre of services it offers and claimed ownership of the intellectual property connected to the “Apollo” name. Documents that showed the mark’s registration under several classes in 2008 and were submitted to the court served as evidence for these rights. The court was convinced after carefully reviewing the submitted materials that Apollo did, in fact, have ownership rights to the trademark Apollo and its variations, which strengthened Apollo’s position against the defendant’s unlawful use.
Legal Provisions
A well-known brand is defined in Trade Marks Act 1999, Section 2(1) (zg). Invoking this clause, the court determined that the “Apollo” mark qualifies as a well-known mark and is thus entitled to the maximum degree of protection.
Issues
Is Apollo’s trademark entitled to the highest level of protection, and has the defendant infringed on this well-known mark?
Courts analysis and decision
The High Court recognized the well-known status of the “Apollo” trademark in the pharmaceutical and healthcare sectors. In a case brought by Apollo Hospitals Enterprises Ltd. The court ruled that the Apollo mark was a well-known trademark deserving of the strongest protection possible. The court highlighted that the public only connected the plaintiff’s term Apollo with the health and pharmaceutical industries, which called for substantial protection under the Trade Marks Act, citing Section 2(1) (zg) of the Act. The Trade Marks Rules revisions from 2018 that gave the trademark registry the ability to award well-known status were taken into consideration by the court when determining that the Apollo mark qualified as a well-known trademark.
However, crucially, the court asserted its concurrent power with the registry to grant such recognition. Apollo satisfied all requirements for well-known mark status, according to the court, which used a thorough evaluation that took into account ten variables, including the degree of public knowledge, the length of use, and the enforcement of rights. Furthermore, the court decided that the defendant, doing business as “New Appolo,” had committed a dishonest act of passing off in order to profit from Apollo’s reputation in addition to violating his trademark. As a result, the court blocked the defendant from utilizing Apollo’s registered trademark by issuing a permanent injunction.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Rupika Goundla
