This is a judgment from the High Court of Gujarat at Ahmedabad, dated July 16, 2024, in a civil appeal filed by UNISN HEALTH CHECK UP AND DIAGNOSTICS LLP against UNISON PHARMACEUTICALS PVT. LTD. The appeal challenges an interim injunction granted by the Commercial Court, Ahmedabad, which restrained the appellant from using the trade mark 'UniSN' on the grounds of alleged infringement of the respondent's registered trade mark 'UNISON'.
The respondent, UNISON PHARMACEUTICALS, has been using the trade mark 'UNISON' since 1980 and registered it in 2003 and 2012 for goods in Class 5 and Class 10. The appellant, UNISN HEALTH CHECK UP AND DIAGNOSTICS LLP, started using the trade mark 'UniSN' in 2021 for health check-up and diagnostic services. The trial court granted the injunction based on the plaintiff's long-standing use and registration of the 'UNISON' mark, the phonetic and visual similarities between 'UNISON' and 'UniSN', and the likelihood of confusion among the public.
The appellant argued that the trade marks are not deceptively similar, as 'UNISON' is registered in Class 5 and Class 10 for pharmaceutical goods, while 'UniSN' is used in Class 44 for health services. The appellant also pointed out that the plaintiff's trade mark is a device mark with additional elements, and the word 'UNISON' cannot be claimed exclusively.
The High Court, however, found that the trial court erred in granting the injunction. The court noted that the plaintiff's mark is a composite device mark, and the word 'UNISON' is part of a larger design. The court applied both visual and phonetic tests and found no convincing similarity between the two marks. The court also considered the nature of the goods and services provided by both parties and the class of customers likely to purchase them, concluding that there is no likelihood of confusion.
The High Court dismissed the interim injunction application and set aside the trial court's judgment, finding that the plaintiff failed to make a prima facie case for the injunction.
Case Citation: Unisn Health Check Up Vs Unison Pharmaceuticals: 16.07.2024/AO 98 of 2024/GHC/Sunita Aggarwal and Pranav Trivedi H.J.
[The information is shared in the public interest. Readers' Discretion is advised as it is subjective and may contain errors in perception, interpretation, and presentation.]
Written By: Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
The respondent, UNISON PHARMACEUTICALS, has been using the trade mark 'UNISON' since 1980 and registered it in 2003 and 2012 for goods in Class 5 and Class 10. The appellant, UNISN HEALTH CHECK UP AND DIAGNOSTICS LLP, started using the trade mark 'UniSN' in 2021 for health check-up and diagnostic services. The trial court granted the injunction based on the plaintiff's long-standing use and registration of the 'UNISON' mark, the phonetic and visual similarities between 'UNISON' and 'UniSN', and the likelihood of confusion among the public.
The appellant argued that the trade marks are not deceptively similar, as 'UNISON' is registered in Class 5 and Class 10 for pharmaceutical goods, while 'UniSN' is used in Class 44 for health services. The appellant also pointed out that the plaintiff's trade mark is a device mark with additional elements, and the word 'UNISON' cannot be claimed exclusively.
The High Court, however, found that the trial court erred in granting the injunction. The court noted that the plaintiff's mark is a composite device mark, and the word 'UNISON' is part of a larger design. The court applied both visual and phonetic tests and found no convincing similarity between the two marks. The court also considered the nature of the goods and services provided by both parties and the class of customers likely to purchase them, concluding that there is no likelihood of confusion.
The High Court dismissed the interim injunction application and set aside the trial court's judgment, finding that the plaintiff failed to make a prima facie case for the injunction.
Case Citation: Unisn Health Check Up Vs Unison Pharmaceuticals: 16.07.2024/AO 98 of 2024/GHC/Sunita Aggarwal and Pranav Trivedi H.J.
[The information is shared in the public interest. Readers' Discretion is advised as it is subjective and may contain errors in perception, interpretation, and presentation.]
Written By: Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
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