Delhi Court Bars Sainus Pharma from Using Udaan Mark, Finds Trademark Infringement of RSPL's Udan
New Delhi: A Delhi court has permanently restrained a Hyderabad-based pharmaceutical company from using the trademark 'Udaan' or any similar mark, ruling that it was a clear violation of the rights of consumer goods major RSPL Health Private Limited, which had earlier registered its mark 'Udan.'
District Judge Pankaj Sharma, in an ex parte judgment dated August 13, held that the defendant, Sainus Pharmaceutical Private Limited, used the mark 'Udaan' in a manner that was "identical and deceptively similar" to the plaintiff's (RSPL's) registered trademark 'Udan'.
The court noted that, according to RSPL Health, known for brands like 'Ghari' detergent, it had adopted the trademark or label Udan with respect to the goods and business of sanitary napkins in 2007 and Sainus Pharma's Udaan mark had infringed its proprietary rights in the said trademark.
"The defendant (Sainus) is not only making the retail sales but is also supplying the impugned goods bearing the impugned trade marks to various other dealers/shopkeepers/retailers in New Delhi, who are making the clandestine and surreptitious sales thereof to the ultimate unwary consumers in the markets of New Delhi viz. Parliament Street, Connaught Place, Barakhamba, Chanakyapuri, Gole Market, Bengali Market etc," RSPL said.
In its order, the court said that the defendant did not appear before it, and thus the plaintiff's contentions remain unrebutted, unchallenged, and uncontroverted.
"The plaintiff has established that the defendant has infringed the said trademark and has also committed passing off of goods. Therefore, there is no doubt that the plaintiff is entitled to relief of permanent injunction against the defendant for using the trademark 'Udaan' or any other mark identical or deceptively similar to the word mark, label of plaintiff's trademark Udan," the court said.
Besides the permanent injunction, the court ordered that all seized counterfeit products and infringing materials, including packaging, dies, and blocks bearing the falsified mark, be delivered to RSPL Health for destruction.
