Order Date:08.08.2022
Case No. CS (Comm) 544 of 2022
Delhi High Court
Navin Chawla, H.J.
Leeford Healthcare Limited Vs Vobb Healthcare
Plaintiff’s Trademark: LEEOFORD DERMIFORD. The essential feature of the Plaintiff's Trademark was DERMIFORD as house mark LEEFORD was written in small font.
Plaintiff's Product: medicinal cream.
Reason for Adoption: Plaintiff explained the reason for adoption of this trademark. Plaintiff adopted the subject matter trademark in respect of a medicinal cream by taking the first four alphabets DERM from dermatology, being the branch of medicine with respect to the diagnosis and treatment of skin diseases, and the suffix FORD from its FORD family of marks.
Plaintiff’s registration : Plaintiff's Trademark was registered under No. 3184968 with effect from 12.02.2016.
Defendant’s Trademark NEO DERMIFORD
Defendant’s Trademark Application:19.07.2022 as proposed to be used.
Defendant's product : Identical to that of the Plaintiff, i.e. medicinal creams.
Ex-parte injunction granted in favour of the Plaintiff as essential feature of competing trademarks was DERMIFORD. The Plaintiff was not only the registered proprietor of Trademark but also the prior adopter and user.
Ajay Amitabh Suman, IPR Advocate, Hon'ble High Court of Delhi
ajayamitabh7@gmail.com, 9990389539
