Medical — India Trademark Cases
5 decisions indexed
Page 1 of 1 · 5 total
M/S Changsha Sinocare Inc. v.Mr Rajesh Kumar
The Delhi High Court granted an interim injunction in favor of M/S Changsha Sinocare Inc. against the defendants regarding alleged infringement and passing off. The court found a prima facie case based on the use of deceptively similar marks ('Safe AQ'/'Safe Accu') and trade dress, as well as confusingly similar corporate names. Consequently, the defendants were restrained from selling or marketing products that mimic Sinocare’s intellectual property, and specific infringing URLs were directed to be disabled by e-commerce platforms.
Disposafe Health And Life Care Ltd & Hindustan Syringes & Medical Devices Limited v.Rajiv Nath & Anr.
The Delhi High Court consolidated two related commercial suits concerning trademark disputes involving the 'DISPOSAFE' and other 'DISPO' formative marks. The court framed detailed issues covering questions of mark proprietorship, alleged infringement, passing off, and prior user rights. This consolidation paves the way for a comprehensive trial to determine the validity and scope of the trademarks in the medical device sector.
Paramount Surgimed Limited v.Paramount Bed India Private Limited & Ors
The Delhi High Court set aside an earlier ex-parte injunction granted in favor of Paramount Surgimed Limited. The court found that the plaintiff failed to establish a prima facie case, noting that the plaintiff was aware of the defendant's use of the 'PARAMOUNT' mark since 2009 and had not adequately demonstrated its use in the hospital bed sector. Given the established business operations of the defendants, the balance of convenience lay in their favor, allowing them to continue their trade.
Staar Surgical Company v.Polymer Technologies International & Ors
The Delhi High Court dismissed Staar Surgical Company's suit against Polymer Technologies International, which alleged passing off of intraocular lenses. The court found that the defendant's current trademark, 'EYEPCL,' was entirely distinct and not deceptively similar to the plaintiff's brand name, 'VISIAN ICL.' Despite previous interim injunctions granted on a different mark used by the defendants, the court ruled that the new mark failed to meet the test of confusion, especially considering the specialized nature of the medical goods.
Medivision Scan And Diagnostic ... v.Medivision-Ind Diagnostic Centre
The Kerala High Court overturned a trial court order that had denied an interim injunction in a passing off suit. The plaintiff, Medivision Scan And Diagnostic..., successfully argued that despite the common use of the name 'Medivision,' their established reputation and prior use in the specific locality (Mavelikara) warranted protection against the defendant's deceptively similar trade name, 'MEDIVISION IND.' The court emphasized that passing off rights are distinct from trademark registration rights, allowing it to grant immediate relief based on the likelihood of public confusion.
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