Case Title: MS Oxygun Health Pvt Ltd Vs Pneumo Care Health Pvt Ltd Case No.: RFA (Comm) 271/2025 Date of Order: 13 May 2025 :2025:DHC:3897-DB: Name of Court: High Court of Delhi Name of Judge: Hon'ble Mr. Justice C. Hari Shankar
Facts:
Pneumo Care, a reputed manufacturer of medical and surgical products, registered trademarks "HOSPIGRIP" and "HOSPICUFF" and a registered design for ankle and wrist restrainers. Oxygun Health Pvt Ltd, along with its directors and former employees, allegedly copied these trademarks and designs to pass off its products as Pneumo Care’s, aiming to divert trade and profiteer from Pneumo Care's goodwill.
Procedural History:
Pneumo Care filed a civil suit in the Commercial Court at Delhi for infringement of trademarks, design, passing off, damages, and injunctions. The Commercial Court, after examining the evidence and comparison of marks and products, decreed the suit in favor of Pneumo Care, issuing a permanent injunction restraining Oxygun from infringing the trademarks and designs. Oxygun appealed against this judgment to the Delhi High Court.
Issues:
Whether Oxygun’s use of identical or deceptively similar trademarks "HOSPIGRIP" and "HOSPICUFF" constituted infringement and passing off?Whether the registered design was infringed by Oxygun's products?The legal validity of issuing a decree under Order VIII Rule 10 CPC in the absence of a written statement from the defendant.
Decision:
The High Court upheld the Commercial Court’s ruling, confirming that Oxygun’s use of the marks and designs was likely to cause confusion and deceive consumers, amounting to infringement and passing off. It granted a permanent injunction restraining Oxygun and related parties from manufacturing, selling, or dealing with products bearing the contested marks or designs.
