Healthcare — India Trademark Cases
3 decisions indexed
Page 1 of 1 · 3 total
Oncquest Laboratories Limited v.Manish Kumar & Anr.
The Delhi High Court allowed a rectification petition filed by Oncquest Laboratories Limited, successfully challenging the registration of the identical mark 'ONCQUEST' held by the respondent. The court found that the petitioner was the prior user and adopter of the trademark since 2007, while the respondent failed to provide evidence of use for their registered mark. Furthermore, the court determined that the respondent had adopted the mark dishonestly to trade upon the established goodwill of the petitioner, leading to the cancellation of the impugned registration.
Noor Hospital Trust And 7 Ors v.Sajid Ali Khan
The Bombay High Court addressed a commercial IP suit concerning the alleged passing off of a hospital's trademark. The Plaintiffs, Noor Hospital Trust, sought to restrain the Defendant from using 'NEW NOOR HOSPITAL,' claiming deceptive similarity to their established mark 'NOOR HOSPITAL.' The court framed multiple issues covering passing off, descriptiveness of the term 'NOOR,' and claims for damages and injunctions, setting a clear path for the evidence phase.
Delmon Diagnostics & Research Centre (DDRC) v.Doctors Diagnostics & Research Centre (DDRC)
The Kerala High Court allowed the appeal filed by Delmon Diagnostics & Research Centre against a lower court's decision in a passing off suit. While acknowledging that the letters 'DDRC' were used by the plaintiff in their email address and office name prior to the defendant's use, the court held that mere usage in an email or building name does not automatically establish sufficient reputation for the trade mark. Consequently, the High Court set aside the lower court's judgment and directed a retrial to allow both parties to present further evidence.
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