In this case of A.P. Møller Mærsk A/S & Anr v. Maersk Pharma Private Limited, the plaintiffs, A.P. Møller Mærsk A/S, and its associated entities, brought a legal action before the High Court of Delhi, asserting claims of trademark infringement and passing off against the defendant, Maersk Pharma Private Limited. The plaintiffs argued that the defendant's use of the trade name and trademark 'Maersk' was unauthorized and amounted to an infringement of their established and well-known trademark 'MAERSK'. They contended that this unauthorized use by the defendant led to a likelihood of confusion among the public, causing people to mistakenly associate the defendant's products with the plaintiffs' reputable brand.
The court examined the matter thoroughly, focusing on the similarity between the trade names and trademarks of the parties involved. It was observed that the defendant's trade name and trademark bore a significant resemblance to the plaintiffs' trademark 'MAERSK'. The court noted that 'MAERSK' is a well-known and distinctive trademark associated with the plaintiffs' long-standing and reputable business in the shipping and logistics industry. The court found that the use of an identical or deceptively similar trade name and trademark by the defendant in the pharmaceutical sector was likely to cause confusion and mislead consumers into believing that there was a connection or association with the plaintiffs.
Given the plaintiffs' strong prima facie case and the potential for irreparable harm to their business and reputation, the court granted an ad interim ex-parte injunction in favor of the plaintiffs. This injunction restrained the defendant from using the impugned trade name and trademark 'Maersk' in any form, including on products, packaging, promotional materials, and business communications. The court also directed the defendant to cease all activities related to the manufacture, sale, distribution, and promotion of products bearing the disputed trade name and trademark.
Case Citation: A.P. Møller Mærsk A/S & Anr Vs Maersk Pharma Private Limited :09.07.2024:[CS(COMM) 555/2024]:Delhi High Court:Saurabh Banerjee.H. J.
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Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
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