This is an order issued by the High Court of Delhi in the case of Akums Drugs and Pharmaceuticals Limited & Another vs. Kovex Life Sciences & Others, dated August 5, 2024. The case centers on a dispute over intellectual property rights, specifically involving allegations of trademark infringement, copyright infringement, trade dress violations, passing off, unfair competition, and related issues.
The plaintiffs contend that the defendants have been marketing pharmaceutical products under the marks "CERVIFINE" and "MET-OVEX," which are deceptively similar to the plaintiffs' registered trademarks "CERVIFERT" and "MET-PCO."
The plaintiffs further allege that the defendants have intentionally substituted the letters “INE” with “ERT” in "CERVIFERT" to create the impugned mark "CERVIFINE." Similarly, the defendants have replaced “PCO” with “OVEX” in "MET-PCO" to form the impugned mark "MET-OVEX." Additionally, the plaintiffs claim that the defendants have attempted to replicate their trade dress.
The plaintiffs assert that their trademarks have been in continuous use since their adoption and have gained secondary meaning, goodwill, and a strong reputation in the market. They argue that the defendants' actions amount to trademark infringement and passing off, which could cause consumer confusion and result in irreparable damage to their brand. In response to these allegations, the court has granted an ex-parte ad-interim injunction, restraining the defendants from using the infringing marks.
Case Citation: Akums Drugs And Pharmaceuticals Vs Kovex Life Sciences :05.08.2024 : CS(COMM) 648/2024: Delhi High Court: Mini Pushkarna. H.J.
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
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