In the High Court of Delhi, Opella Healthcare Group (plaintiff) filed a suit against Pureca Laboratories Pvt. Ltd. (defendant) in relation to alleged infringement of the plaintiff's trademarks and copyright.
The plaintiff claimed to has been actively marketing and selling pharmaceutical products under the trademark 'PHENSEDYL' since 1954, which is registered in various classes. The defendant is accused of adopting and using the mark 'PHENSERYL' and a trade dress/packaging that is deceptively similar to the plaintiff's, leading to a claim of infringement, passing off etc.
The plaintiff has provided evidence of its extensive use and registration of the 'PHENSEDYL' trademark, including its registration in India with various registration numbers and renewal dates. The defendant's mark 'PHENSERYL' is alleged to be visually, structurally, and phonetically similar to the plaintiff's mark, leading to a likelihood of confusion in the market, especially given the nature of pharmaceutical products and their sale in India.
The plaintiff has also filed a Cancellation/Rectification Petition against the defendant's registration of the mark 'PHENSERYL', challenging its validity. The defendant's use of the impugned mark and trade dress has been discovered through market enquiries and perusal of the defendant's brochure.
The Court has found a prima facie case in favor of the plaintiff and has granted an interim injunction restraining the defendant from using the mark 'PHENSERYL' or any deceptively similar marks.
Case Citation: Opella Healthcare Group Vs Pureca Laboratories Pvt. Ltd: 09.07.2024/COpella Healthcare Group Vs Pureca Laboratories Pvt. Ltd :Delhi High Court: Mini Pushkarna. H.J.
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
The plaintiff claimed to has been actively marketing and selling pharmaceutical products under the trademark 'PHENSEDYL' since 1954, which is registered in various classes. The defendant is accused of adopting and using the mark 'PHENSERYL' and a trade dress/packaging that is deceptively similar to the plaintiff's, leading to a claim of infringement, passing off etc.
The plaintiff has provided evidence of its extensive use and registration of the 'PHENSEDYL' trademark, including its registration in India with various registration numbers and renewal dates. The defendant's mark 'PHENSERYL' is alleged to be visually, structurally, and phonetically similar to the plaintiff's mark, leading to a likelihood of confusion in the market, especially given the nature of pharmaceutical products and their sale in India.
The plaintiff has also filed a Cancellation/Rectification Petition against the defendant's registration of the mark 'PHENSERYL', challenging its validity. The defendant's use of the impugned mark and trade dress has been discovered through market enquiries and perusal of the defendant's brochure.
The Court has found a prima facie case in favor of the plaintiff and has granted an interim injunction restraining the defendant from using the mark 'PHENSERYL' or any deceptively similar marks.
Case Citation: Opella Healthcare Group Vs Pureca Laboratories Pvt. Ltd: 09.07.2024/COpella Healthcare Group Vs Pureca Laboratories Pvt. Ltd :Delhi High Court: Mini Pushkarna. H.J.
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
