Breaking News Delhi High Court Restrains ONEVITAL from use of Similar...

Delhi High Court Restrains ONEVITAL from use of Similar Trademark REVITAL

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New Delhi, Jun 10 (ILNS)The Delhi High Court recently restrained “ONEVITAL” from using similar trademark which was deceptively similar to “REVITAL”.

A Single judge bench of Justice Jayant Nath observed that Sun Pharmaceutical has been using the trade mark “REVITAL” since 1988 which has acquired immense goodwill and reputation and restrained “ONEVITAL” from using similar trademark which was deceptively similar to “REVITAL”

The Plaintiff/Sun Pharmaceutical Industries Limited has registration for the trademark REVITAL, which was registered in Class 5 back in 1985.

The Court directed the company “ONEVITAL” to stop using its trademark which is deceptively similar to “REVITAL’s” trademark for manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in medicinal preparations/health supplements.

An application was filed by “Sun Pharmaceutical Industries Ltd”(REVITAL) under Order 39 Rule 1 and 2 Civil Procedure Code seeking an injunction to restrain M/S Wings Biotech (ONEVITAL) and its director, distributors, etc. from manufacturing, selling, offering for sale, advertising directly or indirectly dealing in medicinal preparations/health supplements under the impugned mark ‘ONEVITAL’ or any other trademark/label/carton packaging/trade dress which is similar or deceptively similar to the plaintiff’s ‘REVITAL’ amounting to infringement of the trade mark & copyright.

The court observed that the Plaintiff in this case has made out a prima facie case as they were able to show the similarities between the trademark and packaging of the supplement by both brands.

The Delhi High Court issued Ex-parte injunction and restrained M/S Wings Biotech for use of the trademark.

The Court issued a notice to M/S Wings Biotech, their directors, distributors, etc. saying that they are hereby restrained by an ex parte injunction from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in medicinal preparations/health supplements under the impugned mark/label/carton packaging/trade dress ONEVITAL or any other trade mark/label/carton packaging/trade dress which is deceptively similar to the plaintiffs trade mark/label/carton packaging/trade dress REVITAL or any other act amounting to infringement of the trade mark, copyright and passing off of the stated mark,” said the Court in its order./ILNS/KR/SNG

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