Overview of the Case:
This is a trademark infringement lawsuit filed by Glaxo Group Limited (the plaintiffs) against Iva Healthcare Private Limited (the defendant).
The plaintiffs allege that the defendant's use of the 'ZENTOVATE' mark infringes upon the plaintiffs' registered trademarks 'BETNOVATE' and 'TENOVATE'.
The plaintiffs claim that the defendant's mark is deceptively similar to their marks, both visually and phonetically, and the defendant has adopted it with the mala fide intention of benefiting from the plaintiffs' reputation and goodwill.
Plaintiffs' Trademark Rights:
BETNOVATE Mark:
The plaintiffs have used the 'BETNOVATE' mark for their pharmaceutical and medicinal preparations for decades.
The 'BETNOVATE' mark is inherently distinctive and has acquired the status of a well-known mark under Article 6bis of the Paris Convention.
The plaintiffs have obtained over 150 registrations for the 'BETNOVATE' mark and its variations (e.g., BETNOVATE-N, BETNOVATE-S, BETNOVATE-GM) in numerous countries.
TENOVATE Mark:
The plaintiffs have been using the 'TENOVATE' mark in India since 1990 for their skin creams.
The plaintiffs' products bearing the 'TENOVATE' marks have been sold through a network of distributors and stockists throughout India, as well as online pharmacies.
Defendant's Alleged Infringement:
The defendant is engaged in manufacturing, marketing, and selling pharmaceutical and medicinal products, including creams, under the 'ZENTOVATE' mark.
The defendant's 'ZENTOVATE' mark is deceptively similar to the plaintiffs' 'BETNOVATE' and 'TENOVATE' marks, particularly due to the common letter combination 'OVATE' and the similar initial letter combinations 'ZENT' and 'BETN'.
The defendant's products are also pharmaceutical and medicinal in nature, and are sold through the same trade channels as the plaintiffs' products, targeting the same consumers.
The plaintiffs contend that the defendant has adopted the 'ZENTOVATE' mark with the mala fide intention of benefiting from the plaintiffs' reputation and goodwill.
Court's Interim Order:
The court has granted an interim injunction restraining the defendant from manufacturing products bearing the 'ZENTOVATE' mark.
Case Citation: Glaxo Group Limited Vs IVA Healthcare Pvt. Ltd: 22.07.2024: CS(COMM) 593/2024: Delhi High Court: Mini Pushkarna: H.J.
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
This is a trademark infringement lawsuit filed by Glaxo Group Limited (the plaintiffs) against Iva Healthcare Private Limited (the defendant).
The plaintiffs allege that the defendant's use of the 'ZENTOVATE' mark infringes upon the plaintiffs' registered trademarks 'BETNOVATE' and 'TENOVATE'.
The plaintiffs claim that the defendant's mark is deceptively similar to their marks, both visually and phonetically, and the defendant has adopted it with the mala fide intention of benefiting from the plaintiffs' reputation and goodwill.
Plaintiffs' Trademark Rights:
BETNOVATE Mark:
The plaintiffs have used the 'BETNOVATE' mark for their pharmaceutical and medicinal preparations for decades.
The 'BETNOVATE' mark is inherently distinctive and has acquired the status of a well-known mark under Article 6bis of the Paris Convention.
The plaintiffs have obtained over 150 registrations for the 'BETNOVATE' mark and its variations (e.g., BETNOVATE-N, BETNOVATE-S, BETNOVATE-GM) in numerous countries.
TENOVATE Mark:
The plaintiffs have been using the 'TENOVATE' mark in India since 1990 for their skin creams.
The plaintiffs' products bearing the 'TENOVATE' marks have been sold through a network of distributors and stockists throughout India, as well as online pharmacies.
Defendant's Alleged Infringement:
The defendant is engaged in manufacturing, marketing, and selling pharmaceutical and medicinal products, including creams, under the 'ZENTOVATE' mark.
The defendant's 'ZENTOVATE' mark is deceptively similar to the plaintiffs' 'BETNOVATE' and 'TENOVATE' marks, particularly due to the common letter combination 'OVATE' and the similar initial letter combinations 'ZENT' and 'BETN'.
The defendant's products are also pharmaceutical and medicinal in nature, and are sold through the same trade channels as the plaintiffs' products, targeting the same consumers.
The plaintiffs contend that the defendant has adopted the 'ZENTOVATE' mark with the mala fide intention of benefiting from the plaintiffs' reputation and goodwill.
Court's Interim Order:
The court has granted an interim injunction restraining the defendant from manufacturing products bearing the 'ZENTOVATE' mark.
Case Citation: Glaxo Group Limited Vs IVA Healthcare Pvt. Ltd: 22.07.2024: CS(COMM) 593/2024: Delhi High Court: Mini Pushkarna: H.J.
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
