Trademark Infringement Case: Dr. Reddy's Laboratories Limited Vs. Zentech Pharmaceuticals
Key Arguments and Insights:
Trademark Infringement:
The plaintiff, Dr. Reddy's Laboratories Limited, owns the registered trademark "ZEDEX" for its cough syrup product since 1983.
The defendant, Zentech Pharmaceuticals, has adopted a deceptively similar trademark "ZEEDUX" for its cough syrup product containing the same formulation.
The defendant's use of a phonetically similar trademark and copying the plaintiff's trade dress, packaging, color scheme, and layout is to impersonate the plaintiff's well-known "ZEDEX" brand and pass off its products as those of the plaintiff.
Copyright Infringement and Unfair Competition:
The plaintiff alleges that the defendant has copied the plaintiff's unique and distinctive trade dress, packaging, color scheme, get-up, and layout for its "ZEDEX" brand, which the defendant has adopted for its "ZEEDUX" product.
This is done with the malafide and dishonest intention to ride upon the goodwill and reputation of the plaintiff's well-known "ZEDEX" trademark.
Prima Facie Case and Balance of Convenience:
The court has found that the plaintiff has established a prima facie case in its favor and that the balance of convenience is also in favor of the plaintiff.
The court has granted an interim injunction restraining the defendant from manufacturing, selling, or using the trademark "ZEEDUX" or any other deceptively similar mark that may infringe the plaintiff's "ZEDEX" trademark.
Case Citation: Dr.Reddys Laboratories Vs Zentech Pharmaceuticals: 22.07.2024: CS(COMM) 588/2024: Delhi High Court: Mini Pushkarna: H.J.
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
