Delhi HC restrains firm from infringing Sun Pharma trademark REVITAL

New Delhi: In a major relief to Sun Pharmaceuticals, the Delhi High Court has restrained Wings Biotech from using the trademark 'ONEVITAL' noting that it infringes the trademark of Sun Pharma's specially designed Vitamins and Minerals Supplement product, 'REVITAL'.

The order came in response to an application filed by Sun Pharmaceutical seeking an injunction to restrain Wings Biotech, their directors, distributors, etc. from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in medicinal preparations/health supplements under the impugned mark/label/carton packaging/trade dress 'ONEVITAL' or any other trademark/label/carton packaging/trade dress which is similar or deceptively similar to the Sun Pharma's trademark/label/carton packaging/trade dress 'REVITAL', amounting to infringement of the trademark and copyright and passing off of the plaintiff's well-known trademark.

The hearing for the instant case was conducted by Justice Jayant Nath through video conferencing.

In the second week of May 2021, Sun Pharma discovered a medicinal product bearing the contested mark ONEVITAL, which is confusingly similar to Sun Pharma's trademark, REVITAL.

REVITAL H is a brand within the Health and vitamin supplements category. It is a blend of ginseng, 10 vitamins, and 9 minerals that boosts oxygen utilisation and keeps one fully energized throughout the day, as claimed by the manufacturer.

Sun Pharma submitted that it has been using the trademark REVITAL since 1988 and as such, has acquired immense goodwill and reputation. It mentioned that the firm has registrations for the trademark REVITAL. The trademark REVITAL was registered in Class 5 on 26.12.1985.

Furthermore, it was argued on behalf of Sun Pharma that this is not the first time that Wings Biotech has infringed Sun Parma's intellectual property rights. Reference was made to CS(COMM) 34/2018 titled "Sun Pharmaceutical Industries Ltd. vs. M/s. Novitas Healthcare & Anr." filed before the Delhi High Court, which is Wings' sister concern.

During the hearing, the following comparison of Sun Pharmaceuticals and Wings Biotech products was reproduced in the plea,

After hearing the facts of the case, it was noticed by the court that the Label/carton packaging/trade dress of the impugned product is also similar to Sun Pharma's well-known registered trademark REVITAL and its label/carton packaging/trade dress.

The court ruled in favour of Sun Pharma and observed,

"It is clear that the defendants' label is deceptively similar to that of the plaintiff. The trade dress, packaging, etc. are also deceptively similar to that of the plaintiff"

In view of the foregoing, the court held,

"The plaintiff has made out a prima face case. The defendants, their directors, distributors, etc. are hereby restrained by an ex parte injunction from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in medicinal preparations/health supplements under the impugned mark/label/carton packaging/trade dress ONEVITAL or any other trade mark/label/carton packaging/trade dress which is deceptively similar to the plaintiffs trade mark/label/carton packaging/trade dress REVITAL or any other act amounting to infringement of the trade mark, copyright and passing off of the stated mark."

Subsequently, the court issued a notice to the Wings Biotech through speed post, courier and email, returnable for 06.09.2021. Furthermore, the court directed Sun Pharma to comply with the provisions of Order 39 Rule 3 CPC within one week.

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