In the case of Zuventus Healthcare Limited vs. Zaventis Health Care Private Limited, Zuventus Healthcare Limited initiated legal proceedings seeking a permanent injunction against Zaventis Health Care Private Limited. The plaintiff, Zuventus Healthcare, asserted its exclusive rights to the trademark and corporate name "ZUVENTUS" and "ZUVENTUS HEALTHCARE LIMITED," respectively. These rights, they argued, were established through extensive use and recognition in both domestic and international markets, bolstered by significant manufacturing capabilities and a well-established brand reputation.
Zuventus Healthcare contended that the defendant's use of the mark "ZAVENTIS HEALTH CARE" was a clear case of infringement, as it bore a strong visual, structural, and phonetic resemblance to their own trademark. This similarity, they argued, was likely to cause confusion among consumers, leading to potential damage to their brand and reputation. The plaintiff further alleged that the defendant's adoption of the mark was not only an infringement of their trademark rights but also a violation of their copyright, considering the distinctiveness and originality associated with the "ZUVENTUS" brand.
The court, upon examining the arguments and evidence presented by Zuventus Healthcare, found merit in the plaintiff's claims. It acknowledged the strong likelihood of consumer confusion due to the similarities between the two marks. This confusion could detrimentally affect the plaintiff's business and erode the distinctiveness of their well-known trademark.
Recognizing the potential for irreparable harm, the court deemed it appropriate to grant the injunction sought by Zuventus Healthcare. As a result, the court issued an order restraining Zaventis Health Care from using the "ZAVENTIS" trademark and any related trade names or domain names that could be construed as similar to "ZUVENTUS."
Case Citation: Zuventus Healthcare Limited Vs Zaventis Health Care Private Limited :05.07.2024/CS(COMM) 545/2024:Delhi High Court: Mini Pushkarna, H. J.
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Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
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