Case Title:Abbott Healthcare Pvt. Ltd. Vs. Vinsac Pharma
Date of Order: 17th February 2025
Case No.: CS(COMM) 336/2020
Neutral Citation: 2025:DHC:1264
Name of Court: High Court of Delhi
Name of Judge: Hon’ble Mr. Justice Amit Bansal
Brief Facts:
Abbott Healthcare Pvt. Ltd., a subsidiary of Abbott Laboratories, filed a suit against Vinsac Pharma for trademark and copyright infringement. The plaintiff alleged that the defendants were manufacturing and selling chewable Vitamin C tablets under the mark "LIMEECEE," which was deceptively similar to Abbott’s registered trademark "LIMCEE." The plaintiff claimed exclusive rights over the name and packaging, asserting that the defendants were passing off their products by copying the mark and packaging design.
Issues:
The primary issue before the court was whether the defendants’ use of the mark "LIMEECEE" and its similar packaging constituted trademark infringement, copyright infringement, and passing off.
Reasoning and Analysis of the Judge:
The court found that the plaintiff had been using the mark "LIMCEE" since 1977 and had obtained trademark registration for it in 2001. The packaging was also protected under copyright law. The defendants, by adopting a structurally and phonetically similar mark with a similar color scheme, attempted to ride on the goodwill of the plaintiff’s product. The court noted that such deceptive similarity posed a significant risk to public health, especially as the product was medicinal. The defendants failed to provide any plausible explanation for adopting the infringing mark and packaging.
Decision of the Judge:
The court granted a permanent injunction against the defendants, restraining them from manufacturing, selling, or advertising products under the mark "LIMEECEE." Additionally, the court awarded damages of ₹2,00,000 in favor of the plaintiff and directed the defendants to remove online listings of the infringing product. The plaintiff was also allowed to file a bill of costs for litigation expenses.
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