Court issues injunction against Alder Biochem for trademark infringement citing potential consumer confusion in the pharmaceutical sector.
In a significant ruling, the Delhi High Court has upheld the trademark rights of Zydus Healthcare Limited over the use of the trademark 'BIOCHEM' and issued an injunction against Alder Biochem Private Limited, restraining them from using the name 'ALDER BIOCHEM' for their pharmaceutical products. The court found that Alder Biochem's use of the trademark was deceptively similar to Zydus Healthcare's registered trademark, causing a likelihood of confusion among consumers.
The court observed that the trademark 'BIOCHEM' has been in use by Zydus Healthcare and its predecessors for over six decades, thereby acquiring distinctiveness and warranting protection under the Trade Marks Act, 1999. The court emphasized the strict scrutiny required in the pharmaceutical sector to prevent confusion, given the potential life-threatening consequences of such confusion.
The ruling came after Zydus Healthcare filed a suit against Alder Biochem, alleging trademark infringement and passing off. The court found merit in Zydus Healthcare's claim that Alder Biochem's trademark was likely to deceive or cause confusion in the market, particularly in the context of identical pharmaceutical products.
The bench, comprising Justices Nitin Wasudeo Sambre and Anish Dayal, highlighted the importance of preserving the status quo and protecting the registered trademark's dominant and essential features. The court rejected Alder Biochem's argument that 'BIOCHEM' is a generic term, noting that extensive use and registration of the trademark since 1961 granted it protection against infringement.
This decision reinforces the legal protection afforded to trademarks in the pharmaceutical industry and underscores the importance of distinctiveness in trademark law. The court's ruling ensures that Zydus Healthcare's longstanding reputation in the market remains safeguarded against potential infringements.
Bottom Line :
Trademark Law - Protection of registered trademark against deceptive similarity - Registered label mark's essential and dominant feature entitled to protection even if not separately registered as a word mark.
Statutory provision(s): Trade Marks Act, 1999 Sections 9, 15, 17, 29, 31, 32, 124
Alder Biochem Private Limited v. Zydus Healthcare Limited, (Delhi)(DB) : Law Finder Doc id # 2960883
